10-28-2021 VC REG-A with attachments
VILLAGE OF NORTH PALM BEACH
REGULAR SESSION AGENDA
VILLAGE HALL COUNCIL CHAMBERS THURSDAY, OCTOBER 28, 2021
501 U.S. HIGHWAY 1 7:00 PM
Darryl C. Aubrey Deborah Searcy Mark Mullinix Susan Bickel David B. Norris
Mayor Vice Mayor President Pro Tem Councilmember Councilmember
Andrew D. Lukasik Leonard G. Rubin Jessica Green
Village Manager Village Attorney Village Clerk
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Regular Session Agenda, October 28, 2021 Page 2 of 3
ROLL CALL
INVOCATION - MAYOR
PLEDGE OF ALLEGIANCE - VICE MAYOR
AWARDS AND RECOGNITION
APPROVAL OF MINUTES
1. Minutes of the Special Session held October 11, 2021
COUNCIL BUSINESS MATTERS
STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS
Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item
under Statements from the Public. Time Limit: 3 minutes
Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda
will be called on when the issue comes up for discussion. Time Limit: 3 minutes
Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chambers) and
submit it to the Village Clerk prior to the beginning of the meeting.
DECLARATION OF EX PARTE COMMUNICATIONS
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
2. 1ST READING OF ORDINANCE 2021-11 OLD PORT COVE SOUTH MARINA PUD
AMENDMENT – Consider a motion to adopt on first reading Ordinance 2021-11 amending the Old
Port Cove South Marina Planned Unit Development to provide additional outdoor seating.
3. 1ST READING OF ORDINANCE 2021-12 PROSPERITY VILLAGE PUD Consider a motion to
adopt on first reading Ordinance 2021-12 creating the Prosperity Village Planned Unit
Development on approximately 2.34 acres of real property located on Prosperity Farms Road,
south of Allamanda Drive.
4. 1ST READING OF ORDINANCE 2021-19 CODE AMENDMENT – CIVIL CITATIONS Consider a
motion to adopt on first reading Ordinance 2021-19 amending Chapter 2, "Administration," of the
Village Code of Ordinances by amending Article VII, "Alternate Method of Code Enforcement," to
modify the procedures applicable to the issuance of civil code enforcement citations.
5. 1ST READING OF ORDINANCE 2021-20 CODE AMENDMENT – FIRES AND GRILLS IN
PARKS Consider a motion to adopt on first reading Ordinance 2021-20 amending Article I, "In
General," of Chapter 20, "Parks, Playgrounds and Recreation," of the Village Code of Ordinances
to adopt a new Section 20-10, "Prohibited Fires and Grills."
6. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2021-10 ZONING IN
PROGRESS Consider a motion to adopt and enact on second reading Ordinance 2021-10
establishing a Zoning in Progress for the Construction of Single-Family Homes in the R-1 Single-
Family Dwelling Zoning District.
Regular Session Agenda, October 28, 2021 Page 3 of 3
CONSENT AGENDA
The Consent Agenda is for the purpose of expediting issues of a routine or pro -forma nature. Councilmembers
may remove any item from the Consent Agenda, which would automatically convey that item to the Regular
Agenda for separate discussion and vote.
7. MOTION to grant a merit increase of 4.2% to the Village Clerk based upon the averaged score of
the performance evaluations and directing Village to process same.
8. RESOLUTION – Amending Resolution 2019-51 to recognize a name change for the Village's
provider of Athletic Field Turf Maintenance Services and modify the account number for the
expenditure of funds.
9. Receive for file Minutes of the Environmental Committee meeting held 9/13/21.
10. Receive for file Minutes of the Recreation Advisory Board meeting held 9/14/21.
11. Receive for file Minutes of the Business Advisory Board meeting held 9/21/21.
12. Receive for file Minutes of the Recreation Advisory Board meeting held 10/12/21.
13. Receive for file Minutes of the Audit Committee meeting held 10/13/21.
OTHER VILLAGE BUSINESS MATTERS
14. RESOLUTION – REFUSE HAULERS PURCHASE Approving the purchase of three 2021 GO-4
Refuse Haulers from Jeffrey Allen, Inc. pursuant to pricing established in an existing Sourcewell
Cooperative Purchasing Agreement at a total cost of $107,098.50.
15. RESOLUTION – VILLAGE GENERAL ELECTION Announcing the date of the Village General
Election and Run-off Election if necessary, designating voting locations, requesting the Supervisor
of Elections conduct the Election; authorizing the Supervisor of Elections to certify the accuracy of
the tabulation equipment and handle, certify and canvass all ballots, including absentee ballots;
designating the Canvassing Board.
16. RESOLUTION – ELECTION SERVICES AGREEMENT Consider a motion to adopt a proposed
resolution approving an Agreement for Vote Processing Equipment use and Elections Services
with the Palm Beach County Supervisor of Elections; and authorizing execution of the Agreement.
COUNCIL AND ADMINISTRATION MATTERS
MAYOR AND COUNCIL MATTERS/REPORTS
VILLAGE MANAGER MATTERS/REPORTS
17. DISCUSSION - Golf Tee Times
18. DISCUSSION - Lakeside Park Permit Parking Presentation
REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS)
ADJOURNMENT
If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting,
he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105).
In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting
should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date.
This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties
and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda.
DRAFT MINUTES OF THE SPECIAL SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
OCTOBER 11, 2021
Present: Darryl C. Aubrey, Sc.D., Mayor
Deborah Searcy, Vice Mayor
Mark Mullinix, President Pro Tem
David B. Norris, Councilmember
Susan Bickel, Councilmember
Andrew D. Lukasik, Village Manager
Len Rubin, Village Attorney
Jessica Green, Village Clerk
ROLL CALL
Mayor Aubrey called the meeting to order at 7:00 p.m. All members of Council were present. All
members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Aubrey gave the invocation and Vice Mayor Searcy led the public in the Pledge.
APPROVAL OF MINUTES
The Minutes of the Regular Session held September 23, 2021 were approved as written.
STATEMENTS FROM THE PUBLIC
Rita Budnyk, 804 Shore Drive, expressed her concerns with elected officials posting on personal
social media and stated that it should be done in a responsible manner and should not be used to
incite or discuss Village business.
Lisa Gallagher, 704 Teal Way, asked Council to consider sensible size limits for boats parked
behind residences.
Vivian Dale, 737 Teal Way, expressed her safety concerns with oversized boats and yachts parked
behind residences.
Fane Lozman, 5101 North Ocean Drive, expressed his disappointment and concerns with how the
Village cited his floating home at Little Munyon Island.
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
ORDINANCE 2021-10 ZONING IN PROGRESS – TABLED 8/12/21
A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to
remove Ordinance 2021-10 from the table. Thereafter, the motion to remove Ordinance 2021-10
from the table passed with all present voting aye.
Draft Minutes of the Village Council Special Session held October 11, 2021 Page 2 of 4
ORDINANCE 2021-10 ZONING IN PROGRESS – TABLED 8/12/21 continued
A motion was made by Vice Mayor Searcy and seconded by Councilmember Bickel to adopt on
first reading Ordinance 2021-10 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ESTABLISHING A ZONING IN PROGRESS FOR THE
CONSTRUCTION OF SINGLE-FAMILY HOMES IN THE R-1 SINGLE-FAMILY
DWELLING ZONING DISTRICT; PROVIDING FOR EXPIRATION AND EXTENSION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Lukasik introduced Dr. Bill Whiteford as the Chair of the Residential Zoning Ad Hoc
Committee and stated that he, Dr. Whiteford and Community Development Director Jeremy
Hubsch would be giving the presentation on the proposed Zoning in Progress. Mr. Lukasik began
the presentation by giving a brief history and timeline regarding the proposed ordinance. The Ad
Hoc Committee met to review staff’s proposed Zoning in Progress Code Standards on September 20, 2021.
Dr. Whiteford stated the Ad Hoc Committee voted 6 to 1 to recommend approval of staff’s
recommendations regarding the minimum landscaped area and restrictions on 2nd story floor area.
The majority of the committee supported the three recommendations which were a required
minimum landscaped area of 35% for one-story homes and 40% for two-story homes, all single-family
homes shall be limited to two stories and thirty (30’) feet in height for flat roofs and thirt y-five
(35’) feet for all other types of roofs, including gable, hip, gambrel and shed roofs. Lastly the floor
area of the second story of a single-family home shall be limited to seventy-five (75%) percent of
the floor area of the first story. Dr. Whiteford concluded by stating that as Chair of the Ad Hoc
Committee everyone would have the opportunity to speak to voice their concerns and that the
Committee would meet as many times as necessary to fully vet and resolve the issues.
Mr. Hubsch continued the presentation stating that the Ad Hoc Committee recommended
eliminating the proposed administrative deviation that would have allowed staff to approve
projects that met the general intent of the Zoning in Progress, but minimally exceeded the Zoning
in Progress standards. However, staff was proposing the creation of a deviation or waiver process
that would allow property owners to go before the Planning Commission if they did not meet the
Zoning in Progress standards.
These residents addressed the Council with their concerns regarding the proposed Zoning in Progress:
Scott Goodby, 717 Teal Way
Matt Brannon, 1001 Country Club Drive
Kevin Spina, 549 Overlook Drive
Ryan Kadyszewski, 501 Overlook Drive
Brian Hitch, 521 Overlook Drive
These residents addressed the Council regarding their approval and favor of the proposed Zoning
in Progress:
Rita Budnyk, 804 Shore Drive
Deborah Cross, 2560 Pepperwood Circle South
Cory Cross, 2560 Pepperwood Circle South
There being no further comments from the public, Mayor Aubrey closed the public hearing.
Draft Minutes of the Village Council Special Session held October 11, 2021 Page 3 of 4
ORDINANCE 2021-10 ZONING IN PROGRESS – TABLED 8/12/21 continued
Mr. Aubrey discussed and explained the reasoning for the schedule change to hear the proposed
Zoning in Progress and stated that it was a temporary measure and more time would be spent on it
to make a permanent change in the future.
President Pro Tem Mullinix stated that he had concerns with the recommendation of requiring a
minimum landscaped area of 35% for one-story homes and 40% for two-story homes. President
Pro Tem Mullinix stated that the landscape area should be uniform. President Pro Tem Mullinix
stated that he supported the recommended height of homes but had concerns regarding the
recommended second floor reduction. President Pro Tem Mullinix stated that he did not support
the recommendations that were set forth in the Zoning in Progress in its totality.
Vice Mayor Searcy stated that she was in support of the recommendations brought forth for the
Zoning in Progress. Vice Mayor Searcy stated that persons chosen for the Ad Hoc Committee
were qualified and represented all facets of the Village.
Councilmember Norris stated that he was concerned with the process for the Zoning in Progress
that had been taken so far and that there was only one Ad Hoc Committee meeting before it was
brought back to Council for consideration.
Discussion ensued between the Councilmembers regarding the recommendations brought forth by
the Ad Hoc Committee for the Zoning in Progress.
Councilmember Bickel stated that she was in support of the recommendations brought forth by the
Ad Hoc Committee. Councilmember Bickel recommended that the Zoning in Progress not last
more than six (6) months and to not include the option of a six (6) month extension.
Discussion continued between Council regarding the recommendations brought forth by the Ad
Hoc Committee for the Zoning in Progress.
Mayor Aubrey concluded by stating that he was in support of the recommendations brought forth
and stated that it was not perfect and supported the idea of a six (6) month cut off if possible.
Mr. Rubin asked if Council was in favor of the deviation process that was proposed.
Council agreed that they were in favor of the proposed deviation process.
Thereafter the motion to adopt Ordinance 2021-10 on first reading passed 3 to 2 with Mayor
Aubrey, Vice Mayor Searcy and Councilmember Bickel voting aye and President Pro Tem
Mullinix and Councilmember Norris voting nay.
CONSENT AGENDA APPROVED
President Pro Tem Mullinix moved to approve the Consent Agenda. Councilmember Bickel
seconded the motion, which passed unanimously. The following items were approved:
Motion – Approval of Change Order in the amount of $49,975.06 and Final Payment and
Release of Retainage in the amount of $78,336.89 payable to Florida Blacktop, Inc. for the
West Alleyway Project.
Resolution establishing the list of Village holidays for calendar year 2022.
Draft Minutes of the Village Council Special Session held October 11, 2021 Page 4 of 4
CONSENT AGENDA APPROVED continued
Resolution approving an Eighth Amendment to the Agreement for Grant Services with
RMPK Funding, Inc.; and authorizing execution of the Eighth Amendment.
Resolution accepting a proposal from Splash & Swing LLC for Tennis Court Maintenance
Services at the North Palm Beach Country Club Tennis Center at an annual cost of $48,000;
and authorizing execution of the Contract.
Receive for file Minutes of the Golf Advisory Board meeting held 8/16/21.
Receive for file Minutes of the Business Advisory Board meeting held 8/17/21.
Receive for file Minutes of the Planning Commission meeting held 9/14/21.
Receive for file Minutes of the Golf Advisory Board meeting held 9/20/21.
Receive for file Minutes of the Library Advisory Board meeting held 9/28/21.
OTHER VILLAGE BUSINESS MATTERS
MOTION – Rescheduling the 11/11/21 Regular Council meeting and approving the suspension of
the 11/25/21 and 12/23/21 Council meetings in observance of national holidays.
A motion was made by Vice Mayor Searcy and seconded by Councilmember Norris to reschedule
the 11/11/21 Regular Council meeting to 11/18/21 and to suspend the 11/25/21 and 12/23/21
Council meetings in observance of national holidays.
Thereafter the motion passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
Councilmember Bickel stated that she had received complaints about the location of the Memory
Care accessory building and asked if Council had heard similar complaints.
Councilmembers stated that they did not hear any complaints.
Councilmember Bickel stated that she wanted to make Council aware that she was beginning to
hear complaints. Councilmember Bickel invited Council, Village staff and residents to the
November 8th Youth Orchestra concert in the Farmer’s Table Banquet Room at 6 p.m.
Vice Mayor Searcy encouraged everyone to sign up for the 5K Ghost Run at the Country Club on
October 30th. Vice Mayor Searcy also encouraged everyone to participate again in the Read for
the Record Event taking place on October 28th.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 8:10 p.m.
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
Jeremy Hubsch, Community Development Director
FROM: Alex Ahrenholz, Principal Planner
DATE: October 28, 2021
SUBJECT: Ordinance 1st Reading – Old Port Cove South Major Planned Unit Development (PUD)
amendment
The Applicant, SHM Old Port Cove LLC, has submitted an application requesting the expansion of
outdoor seating at the Belles Restaurant in Old Port Cove. The subject property is located within the
Old Port Cove Marina South CPUD, established in 2011, and is currently occupied by a restaurant,
marina, and office space. The commercial site is 2.33 acres, surrounded by high density residential
condominiums. The site primarily serves residents of Old Port Cove, club members, and clients of the
Marina.
The applicant is requesting to increase the outdoor seating area from 200 square feet to 1,185 square
feet in total for the creation of a new deck around the north perimeter of the restaurant. According to
industry standards, the current outdoor seating area could accommodate three (3) or four (4) four-
person tables for a total of 12-16 seats. A 1,185 SF area could theoretically hold between 19 to 24 four-
person tables, with 76 to 96 seats. Due to the irregular shape of the proposed outdoor seating area
around the columns and building façade, the applicant is only proposing 30 seats.
On October 27, 2011, the Village Council adopted Ordinance 2011-20, which created a Planned Unit
Development known as “Old Port Cove South Marina”. The site does not currently reflect the site plan
that was approved in 2011. Some improvements, such as the pool and snack bar, have yet to be
completed. The restaurant building currently houses the remaining, previously approved uses. Section
5 of the Ordinance, which has been marked up with the proposed changes to the ordinance, reads as
follows:
D. Based on the Shared Parking Analysis, the Village' s approval of the uses within the PUD
is limited as follows:
1. Restaurant Use Indoor): 4,120 square feet;
2. Restaurant Use (Outdoor): 30 seats; and
3. Retail Café Use: 680 square feet; and
3. Boat Slips: 145 slips
E. Outdoor seating adjacent to the Yacht Club Building is limited to 200 square feet.30 seats.
The applicant seeks to modify this section of the Ordinance to allow an increase of the outdoor seating
area to hold 30 seats in accordance with the attached site plan
Analysis
Section 45.36.Q.4 allows outdoor seating at any existing restaurant to conclude at 10:30 p.m. on
weekdays and 11:00 p.m. on weekends. Staff believes that outdoor seating at this location can be fairly
benign during the daytime from a noise perspective, but has the potential to disrupt some residents in
the evenings. In particular, weddings or private parties have the possibility of creating a significant
amount of noise in the evenings. If this request is approved, staff believes the hours of operation should
be more restrictive than standard outdoor seating code regulations due to the proximity to residential
units. If the Village Council elects to approve the request, staff recommends prohibiting utilization of the
outdoor seating area for food and drink service, weddings and events, and lounging between the hours
of 8:00 p.m. and 7:00 a.m.
Additionally, Old Port Cove residents have indicated that noise from events at the restaurant has been
an issue, so a proposed condition has been provided to completely prohibit all amplified music outdoors
indoors when the doors are open. Currently, some amplified music would be allowed within the limits of
the noise ordinance (although the PUD Ordinance requires a special event permit for each event
involving live music).
The approved site plan included a shared parking study which determined that the site only requires
122 spaces. There are 125 spaces on site, which is three spaces over-parked. The new outdoor seating
request requires 130 parking spaces and the applicant is proposing to provide the required five
additional spaces at Cove Plaza. Cove Plaza has an established shared parking agreement of 40
spaces that are able to be utilized by the marina. A condition of approval has been added for the
applicant to complete a parking study in 12 months to determine if the site is actually operating as
calculated.
Planning Commission Hearing
The Planning Commission held a public hearing on the project at its July 13, 2021 regular meeting in
which the application for the outdoor seating and a new accessory office were denied by the Planning
Commission 7-0. The applicant withdrew the request for the office and went back to the Planning
Commission with only the outdoor seating request. The updated proposal was heard at the October 5,
2021 meeting. Many residents attended the meeting both in person and on Zoom. Residents that spoke
in favor of the request cited the need for outdoor seating during a pandemic and creating a better
amenity for residents. Those in opposition cited the existing issues with noise from the marina users
and restaurant workers, as well as music during events. Additionally, some residents noted concerns
about the compatibility of outdoor seating adjacent to both residential units and the nature walk.
Overall, there were 20 emails of support and 16 emails in opposition received from residents before the
meeting, 7 people spoke in favor at the meeting and 18 against. A petition was submitted by Safe Harbor
with 112 signatures from both the residents and marina members in support of the outdoor seating. All
of the written documents are in the possession of the Village Clerk’s office.
Planning Commission members in opposition to the request cited the opposition from the POA board,
concerns from residents about compatibility between the outdoor seating and residential units, and the
possibility of too much noise being added. Commissioner Dewitt noted that the proposed request would
limit the hours of operation and restrict the use of amplified music, which she stated could be an issue
with the existing approved 200 square feet of outdoor seating, which is not as strongly restricted.
Ultimately, the Planning Commission voted 4-3 to recommend denial of the request.
A more detailed analysis of the proposed project is included in the attached Planning Commission
staff report.
Recommendation: By a vote of 4-3, the Planning Commission recommends denial of the application
increasing the outdoor seating area. If the Council decides to approve this application, staff has
recommended the following conditions:
1. There shall be no utilization of the outdoor seating area for food and drink service, weddings,
events, and socializing between the hours of 8:00 p.m. and 7:00 a.m.
2. The Security Operations Plan or “Operating Agreement” dated June 28, 2012, submitted to fulfill
Condition B within Section 5 of Ordinance 2011-20, shall remain in full effect.
3. Applicant shall obtain approval from the Hotel and Restaurant Division of the Florida Department
of Business and Professional Regulation for the increased outdoor seating area.
4. There shall be no amplified music outdoors, or indoors while the windows/doors are open at the
restaurant.
5. Applicant shall obtain separate permits for all improvements constructed on the Property,
including, but not limited to, the following:
a. Paving, grading, drainage, and water and sewer improvements;
b. Site lighting;
c. Landscaping; and
d. Irrigation.
6. The Applicant shall conduct a Parking Study, certified by a Traffic Engineer, twelve (12) months
subsequent to the Village' s issuance of the permit for the outdoor seating area. The Parking
Study shall evaluate the effectiveness of the parking strategies employed by the Applicant on
site. Upon review of the Parking Study and any other relevant data, including, but not limited to,
independent review by the Village, should the Village' s Community Development Director
determine that the parking on the Property is not performing effectively, the Village reserves the
right to require additional parking strategies and requirements, including, but not limited to, the
increased use of valet parking or shuttle service. The imposition of additional parking strategies
and requirements shall not require amendment to this Ordinance.
Attachments:
1. Site Plan
2. Applicant’s Justification Statement
3. Shared Parking Statement
4. Shared Parking Agreement
5. Security Operating Agreement
Page 1 of 3
ORDINANCE NO. 2021- 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3
NORTH PALM BEACH, FLORIDA, AMENDING THE OLD PORT COVE 4
SOUTH MARINA PLANNED UNIT DEVELOPMENT TO MODIFY THE 5
CONDITIONS OF APPROVAL RELATED TO OUTDOOR SEATING; 6
PROVIDING FOR ADDITIONAL CONDITIONS; PROVIDING FOR 7
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN 8
EFFECTIVE DATE. 9
10
WHEREAS, through the adoption of Ordinance No. 2011-20 on November 10, 2011 (“PUD 11
Ordinance”), the Village Council created the Old Port Cove South Marina Planned Unit 12
Development (“PUD”); and 13
14
WHEREAS, the PUD Ordinance approved, among other uses, a restaurant use of 4,120 square 15
feet, a retail café use of 680 square feet and 200 square feet of outdoor seating adjacent to the 16
Yacht Club Building, as depicted on the approved site plan; and 17
18
WHEREAS, SMH Old Port Cove LLC, the current owner of the marina property, has filed an 19
application for an amendment to the PUD to modify the conditions of approval to eliminate the 20
retail café use and allow for 30 seats of outdoor seating adjacent to the existing restaurant; and 21
22
WHEREAS, the Village Council wishes to approve the requested amendment to the PUD, subject 23
to the conditions set forth in this Ordinance. 24
25
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 26
OF NORTH PALM BEACH, FLORIDA as follows: 27
28
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 29
30
Section 2. The Village Council hereby amends the Old Port Cove South Marina Planned Unit 31
Development by amending Section 5(D) and 5(E) of the PUD Ordinance to read as follows 32
(additional language underlined and deleted language stricken through): 33
34
D. Based on the Shared Parking Analysis, the Village’s approval of the uses 35
within the PUD is limited as follows: 36
37
1. Restaurant Use (Indoor): 4,120 square feet 38
2. Restaurant Use (Outdoor): 30 seats; and 39
2. Retail Café Use: 680 square feet; and 40
3. Boat Slips: 145 slips 41
42
E. Outdoor seating adjacent to the Yacht Club Building is limited to 200 square 43
feet 30 seats. 44
45
Page 2 of 3
Section 3. The outdoor seating shall be in accordance with the following plans and 1
specifications on file with the Village’s Community Development Department: 2
3
A. Revised Site Plan prepared by Cotleur & Hearing dated January 20, 2021 4
and last revised on September 15, 2021 consisting of three (3) pages (SP1 5
through SP3). 6
7
B. Furniture Layout Plan prepared by Cotleur & Hearing dated January 20, 8
2021 and last revised on September 15, 2021 consisting of one (1) page. 9
10
Section 4. The modification of the outdoor seating shall be subject to the following conditions: 11
12
A. There shall be no utilization of the outdoor seating area for food and drink 13
service, weddings, events or socializing between the hours of 8:00 p.m. and 14
7:00 a.m. 15
16
B. The Security Operations Plan or “Operating Agreement” dated June 28, 17
2012, submitted to fulfill Section 5(B) of the PUD Ordinance shall remain 18
in full effect. 19
20
C. Applicant shall obtain approval from the Hotel and Restaurant Division of 21
the Florida Department of Business and Professional Regulation for the 22
increased outdoor seating area. 23
24
D. There shall be no amplified music outdoors, or indoors while the 25
windows/doors are open at the restaurant. 26
27
E. Applicant shall obtain separate permits for all improvements constructed on 28
the Property, including, but not limited to, the following: 29
30
1. Paving, grading, drainage, and water and sewer improvements; 31
2. Site lighting; 32
3. Landscaping; and 33
4. Irrigation. 34
35
F. The Applicant shall conduct a Parking Study, certified by a Traffic 36
Engineer, twelve (12) months subsequent to the Village' s issuance of the 37
permit for the outdoor seating area. The Parking Study shall evaluate the 38
effectiveness of the parking strategies employed by the Applicant on site. 39
Upon review of the Parking Study and any other relevant data, including, 40
but not limited to, independent review by the Village, should the Village' s 41
Community Development Director determine that the parking on the 42
Property is not performing effectively, the Village reserves the right to 43
require additional parking strategies and requirements, including, but not 44
limited to, the increased use of valet parking or shuttle service. The 45
Page 3 of 3
imposition of additional parking strategies and requirements shall not 1
require amendment to this Ordinance. 2
3
Section 5. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 4
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 5
such holding shall not affect the remainder of this Ordinance. 6
7
Section 6. To the extent not expressly modified herein, all of the terms and conditions of the 8
Ordinance No. 2011-20 shall remain in full force and effect. All conflicting provisions are 9
repealed only to the extent of an express conflict. 10
11
Section 7. This Ordinance shall take effect immediately upon adoption. 12
13
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2021. 14
15
PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF 16
___________, 2021. 17
18
19
(Village Seal) 20
MAYOR 21
22
23
ATTEST: 24
25
26
VILLAGE CLERK 27
28
APPROVED AS TO FORM AND 29
LEGAL SUFFICIENCY: 30
31
32
VILLAGE ATTORNEY 33
VILLAGE-NPB.ORG 501 US Highway 1 | North Palm Beach, FL 33408 | Phone: 561-841-3380
ADMINISTRATIVE MEMORANDUM
DATE: October 5, 2021
TO: Planning Commission
VIA: Jeremy Hubsch, AICP, Community Development Director
FROM: Alex Ahrenholz, Principal Planner
RE: Old Port Cove South Marina CPUD Major PUD Amendment
October 5, 2021 Meeting P&Z# 2021-0105
I. APPLICATION
Location: 116 Lakeshore Drive
PCN:
68-43-42-09-00-001-0040
Legal Description: Old Port Cove Yacht Club Parcel of Plat Book 18, Page 4
Request: An application submitted by Cotleur & Hearing on behalf of SHM Old Port
Cove LLC requesting a site plan review and Major Amendment to the Old
Port Cove South Marina CPUD to increase the permissible outdoor
seating area to allow 30 seats
II. REQUEST & PROPERTY INFORMATION
The subject property is located within the Old Port Cove Marina South CPUD, established in 2011, and is
currently occupied by a restaurant, marina, and office space. The commercial site is 2.33 acres, surrounded
by high density residential condominiums. The site primarily serves residents of Old Port Cove, club members,
and clients of the Marina. The Applicant, SHM Old Port Cove LLC, has submitted this application seeking an
amendment to Ordinance 2011-20, which established the CPUD, the uses of the building, and set forth the
condition that the outdoor seating area would be limited to 200 square feet.
The restaurant building currently offers a 200 square foot outdoor seating area on the north side of the
building. The applicant would like to convert the existing outdoor seating area to an open seating area, with
no food or drink service. They are requesting to increase the outdoor seating area to 1,185 square feet in total
for the creation of a new deck around the north perimeter of the restaurant. According to industry standards,
the current outdoor seating area could accommodate three (3) or four (4) four-person tables for a total of 12-
16 seats. A 1,185 SF area could theoretically hold between 19 to 24 four- person tables, with 76 to 96 seats.
Due to the irregular shape of the proposed outdoor seating area around the columns and building façade, the
applicant is only proposing 30 seats.
As shown on the site plan and described further below, there are several regulations to consider in altering
the current PUD, including parking requirements and general conformity to the surrounding neighborhood
character. A parking analysis was conducted to determine and account for the change in parking requirements
for the proposed project.
Changes from previous request
The original application presented to the Planning Commission on July 13, 2021 included 1,185 SF of outdoor
seating and the addition of an outside office tenant to the marina. After a unanimous recommendation of
denial at the July meeting, the applicant withdrew the request for the office use and amended the outdoor
seating request to be limited to thirty (30) seats. The applicant has also proposed to remove a 680 square
foot “retail café” from the restaurant building. The parking study and site plan were revised accordingly. The
previous request required sixteen (16) overflow parking spaces at Cove Plaza, while the updated request
requires only five (5) spaces.
The current Future Land Use (FLU) and current Zoning designations for the property are summarized in the
table below.
Future Land Use (FLU) Designation Existing Zoning Designation
High Density Residential & Commercial CS – Commercial Shopping
The following table summarizes the uses, FLU designations, and zoning districts of the surrounding
properties:
Zoning
Future Land Use
Existing Use
EAST N/A Lake Worth Lagoon
NORTH R3 HDR Residential
SOUTH R3 HDR Residential
WEST R3 HDR Residential
III. BACKGROUND AND ANALYSIS OF APPLICANT’S REQUEST
A. Property Background
On October 27, 2011, the Village Council adopted Ordinance 2011-20, which created a Planned Unit
Development known as “Old Port Cove South Marina”. The site does not currently reflect the site plan that
was approved in 2011. Some improvements, such as the pool, have yet to be completed. The restaurant
building currently houses the previously approved uses. Section 5 of the Ordinance states the following, which
has been marked up with the proposed changes to the ordinance:
D. Based on the Shared Parking Analysis, the Village' s approval of the uses within the PUD
is limited as follows:
1. Restaurant Use Indoor): 4,120 square feet;
2. Restaurant Use (Outdoor): 30 seats; and
3. Retail Café Use: 680 square feet; and
3. Boat Slips: 145 slips
E. Outdoor seating adjacent to the Yacht Club Building is limited to 200 square feet.30 seats.
The applicant seeks to modify this section of the Ordinance to allow an increase of the outdoor seating area
to hold 30 seats in accordance with the attached site plan.
As part of the 2011 PUD approval, a parking study was prepared to determine the required parking and
demand for spaces at the site. According to the Village’s parking regulations at the time, the site was required
to have 180 spaces. A waiver was granted that reduced the required amount of parking to 122 spaces because
of the unique circumstances of the property. There are currently 125 parking spaces on site and a shared
parking agreement to provide 40 off-site spaces at Cove Plaza. With the removal of the retail café use, (which
is now part of the marina offices) and the added outdoor seating, 148 spaces are required under code
regulations. See breakdown in Table 1 below.
Table 1
Required Parking (Per Village Code of Ordinances Sec. 45-33)
Restaurant and Dining
Area 1 Space/75 SF (4,120 SF inside) 55
Outdoor Seating 1 space/ 3 seats 10
Employees 2 Spaces/ 3 Employees (15 Employees) 10
Marina 1 Space/2 Slips 73
A revised parking study was completed by Simmons and White and determined that 130 spaces are needed
between the proposed uses. The site has 125 available parking spaces and a shared parking agreement with
Cove Plaza to provide 40 off-site spaces. The combined parking availability is now proposed to be 165 spaces,
a 35 space surplus with the waiver accounted for. This is a seventeen (17) space surplus according to Village
parking regulations, without granting the reduced parking waiver.
As required by the conditions of the Ordinance establishing this PUD, a Security Operations Plan was created
for the development. This “Operating Agreement” (see attached) establishes security measures taken at the
entry gate, regulations for club members, and restrictions on accessibility for non-club members. The subject
proposal is not expected to affect the regulations set forth in this agreement, as the restaurant will still have
to follow the parameters of this agreement.
B. Applicant’s Justification
The Applicant has provided the following statements in a Justification Statement:
“To better enjoy the waterfront, Applicant proposes to substitute this 200 square feet for a maximum of 30
seats. The proposed seats would be restricted to an outdoor seating area to be located along the northeast
of the main building. This area would have waiter service from the restaurant and would be an outdoor venue
of the existing restaurant. The previous outdoor seating area would no longer have access to waiter service
and would serve merely as an outdoor lounge space.”
C. Outdoor Seating Regulations
Outdoor seating is regulated by Section 45.36.Q in the Village code of Ordinances. It is provided below with
sections of certain importance bolded for reference:
Q. Outdoor seating.
1. Applicability. Outdoor seating shall be permitted as an accessory use to a building in which a food
service establishment is operated, provided that:
a. The outdoor seating area is adjacent to that portion of the food service establishment which is
inside the building.
b. The outdoor seating is located on property which is either owned or leased by the adjacent
food service establishment or the landlord of such food service establishment. (See exceptions
in subsection (6))
c. The outdoor seating can be accommodated without impeding the access of the general public,
including persons with disabilities, to the portion of the food service establishment which is
located inside the building, or to any other commercial business or other use.
d. The outdoor seating can be accommodated without creating a need for additional
parking spaces which could not be provided on the same site as the building for which
the outdoor seating would be an accessory use or would create a non-conforming
status for existing parking provided for such building. (See exceptions in subsection (6))
e. No outdoor seating shall be permitted for adult entertainment establishments.
2. Permitting process. An applicant for approval of outdoor seating shall include the proposed outdoor
seating as part of an overall application for a building permit and/or site plan and appearance approval
or shall seek amendment of an existing building permit and/or site plan and appearance approval to
allow for outdoor seating, pursuant to the applicable provisions of this Code. Every application
involving outdoor seating shall include the following, in addition to and not in place of anything else
which may otherwise be required by any other provision of this Code:
a. A site plan, drawn to scale, which shows at least the building for which outdoor seating will be
an accessory use; the location of the food service establishment which will use the outdoor
seating; the location of the outdoor seating and all related fencing screening, or dividing
materials; the location of any sidewalks or other pedestrian walkways or passageways which
are adjacent to or will be affected by the outdoor seating; and the location of all existing or
additional parking for such building.
b. A copy of the written consent of any person or business who other than the applicant owns or
leases any property, including any sidewalk or other public passageway, upon [which] the
outdoor seating would be located.
c. Photographs, renderings, or samples showing the style and color of all furnishings, fencing,
screening, or dividing material to be used for or in conjunction with the outdoor seating.
3. Conditions of outdoor seating. Outdoor seating shall comply at all times with the following conditions:
a. Outdoor seating shall be arranged, when in use, in a manner that allows a pedestrian walkway
in compliance with applicable accessibility, building, and fire codes.
b. Outdoor seating located on a pedestrian walkway which provides access to more than one (1)
occupant of a building, as in a shopping center, shall be arranged, when in use, in a manner
that maintains a passage of not less than five (5) feet in width.
c. Outdoor seating of an applicant shall not be located on any sidewalk, passageway, or other
property adjacent to any other business.
d. Outdoor seating shall not occupy any area designated for parking. (See exceptions in
subsection (6))
e. Outdoor seating which is used for the service and sale of food or beverages of any kind
within the outdoor seating area, shall be physically separated and visually distinct from
any immediately adjacent public passageway or walkway by means of approved fencing
or screening material which is not less than two (2) feet in height, by means of one (1)
or more planter boxes and other plant container, by means of some other approved
divider, or any combination of such means, but not including tables, chairs or other
seating.
f. Outdoor seating areas may only contain tables, chairs, umbrellas and/or awnings and required
fencing or screening materials. All such equipment shall be compatible in color and style with
the exterior of the building and shall not contain or have affixed to it any sign, lettering or
advertising of any kind.
g. Outdoor seating shall be maintained in a secure manner, whenever the food service
establishment is closed to the public.
h. Establishments with outdoor seating with food and beverage service shall meet all health code
and other applicable code requirements of restaurants.
i. Any permanent or temporary structures associated with outdoor seating, including, but not
limited to, awnings and covered roofs shall not encroach into the required building setback
areas. Tables, chairs, umbrellas, fencing, screening and dividing materials shall not be located
closer to the property line than two-thirds (2/3) of the required front, side or rear building
setback. (See exceptions in subsection (6))
4. Limitations on use. Except for outdoor seating located in an inner court:
a. All sales and service of food and beverages in an outdoor seating area are prohibited
between the hours of 10:30 p.m. and 7:00 a.m., Sunday through Thursday, and between
the hours of 11:00 p.m. and 7:00 a.m., Friday through Saturday.
b. Outdoor seating areas shall be in compliance with the village's noise regulations.
5. General requirements. Outdoor seating which increases the total number of seats available at a food
service establishment shall be considered an expansion of use. Such outdoor seating shall be included
in any calculation of the total number of seats provided by the food service establishment, but not
limited to, parking, restroom facilities and business taxes.
D. Planned Unit Development Regulations
Section 45-35.1 of the Village Code of Ordinances details the requirements of a planned unit development.
The pertinent regulations are included below with important items of consideration bolded for reference.
I. Statement of intent.
A. The intent of this section is to provide, in the case of a commercial planned unit development
consisting of one (1.0) or more acres, in the case of an industrial planned unit development consisting
of one (1.0) or more acres, and in the case of a residential planned unit development, an added
degree of flexibility in the placement and interrelationship of the buildings and uses within the
planned unit development, together with the implementation of new design concepts. At the same
time the intensity of land use, density of population and amounts of light, air, access and
required open space will be maintained for the zoning district in which the proposed project is
to be located, except as may be permitted for key redevelopment sites through subsection 45-
35.1.VIII. Nothing herein should be construed as allowing deviation for uses other than those specified
as permitted uses, nor any greater intensity of use or density of population nor any less required open
space than that which is specified in this chapter for the zoning district in which a proposed project is
located, except as may be permitted through subsection 45-35.1.VIII.
B. Subject to the foregoing statement of intent, the village council may, in the case of
commercial, industrial and residential planned unit developments, allow for minor modification of the
provisions of this chapter or other land development regulations in accordance with the procedure set
forth in subsections II, III, IV and V.
IV. Action of planning commission.
A. After a study of an application for a planned unit development and the required public
hearing, the planning commission shall make a recommendation to the village council to approve,
approve as modified, or reject the application based upon the following standards:
1. The proposed use or uses shall be of such location, size and character as to be in
harmony with the appropriate and orderly development of the zoning district in which
situated and shall not be detrimental to the orderly development of adjacent zoning districts.
2. The location and size of the proposed use or uses, the nature and intensity of the principal
use and all accessory uses, the site layout and its relation to streets giving access to it, shall
be such that traffic to and from the use or uses, and the assembly of persons in connection
therewith, will not be hazardous or inconvenient to the neighborhood nor conflict with
the normal traffic of the neighborhood. In applying this standard, the commission shall
consider, among other things: convenient routes for pedestrian traffic, particularly of children;
the relationship of the proposed project to main traffic thoroughfares and to street and road
intersections; and, the general character and intensity of the existing and potential
development of the neighborhood. In addition, where appropriate, the commission shall
determine that noise, vibration, odor, light, glare, heat, electromagnetic or radioactive
radiation, or other external effects, from any source whatsoever which is connected with the
proposed use, will not have a detrimental effect upon neighboring property or the neighboring
area in general.
3. The location and height of buildings, the location, nature and height of walls and fences, and
the nature and extent of landscaping of the site shall be such that they will not hinder or
discourage the proper development and use of adjacent land and buildings nor impair the value
thereof.
4.The standards of density and required open space in the proposed project are at least equal
to those required by this ordinance in the zoning district in which the proposed project is to be
located, except as may be permitted for key redevelopment sites through subsection 45-
35.1.VIII.
5. There shall be no uses within the proposed project which are not permitted uses in the
zoning district in which the proposed project is to be located.
B. The commission may recommend such changes or modifications in the proposed plan as are
needed to achieve conformity to the standards as herein specified. The reasons for the changes or
modifications shall be included in the recommendation.
C. The commission shall not recommend the project unless it finds that all of the standards as herein
specified have been met. If there are minor modifications to the provisions of this chapter, th e commission
may recommend its approval at the same time. It shall also, where it deems appropriate and necessary,
recommend to the village council those conditions to be imposed upon the project, its operation, or both, that
are needed to assure adherence to the aforesaid standards.
E. Compatibility and Noise Concerns
The restaurant is located in the middle of a large multi-family residential community. At the July Planning
Commission meeting several residents spoke out about concerns with expanding the amount of outdoor
seating at the restaurant. Some of the residents noted that their units were adjacent to the proposed outdoor
seating area and stated that at times noises from the restaurant or marina can be heard from inside their units.
Staff believes that outdoor seating at the location can be fairly benign during the daytime from a noise
perspective, but has the potential to disrupt some residents in the evenings. In particular, weddings or private
parties have the possibility of creating a significant amount of noise in the evenings. While the Village’s outdoor
seating code limits sales and service of food to no later than 11pm on weekends and 10:30 PM on weekdays,
staff believes the hours of operation should be more restrictive in this location due to the proximity to
residential units. If the Planning Commission opts to recommend approval of the request, staff recommends
prohibiting utilization of the outdoor seating area for food and drink service, weddings and events, and
lounging between the hours of 8pm and 7am.
V. CONCLUSION:
Staff has found the proposed request to amend Ordinance 2011-20 inconsistent with the Planned Unit Development
criteria listed in 45-31.1 and is recommending denial of the application as proposed. In order to address concerns
with compatibility with adjacent residential, staff recommends approval of the application with the following
conditions in place:
1. There shall be no utilization of the outdoor seating area for food and drink service, weddings, events, and
socializing between the hours of 8pm and 7am.
2. The Security Operations Plan or “Operating Agreement” dated June 28, 2012, submitted to fulfill Condition
B within Section 5 of Ordinance 2011-20, shall remain in full effect.
3. Applicant shall obtain approval from the Hotel and Restaurant Division of the Florida Department of
Business and Professional Regulation for the increased outdoor seating area.
4. There shall be no amplified music outdoors, or indoors while the windows/doors are open at the restaurant.
5. Applicant shall obtain separate permits for all improvements constructed on the Property, including, but not
limited to, the following:
a. Paving, grading, drainage, and water and sewer improvements;
b. Site lighting;
c. Landscaping; and
d. Irrigation.
6. The Applicant shall conduct a Parking Study, certified by a Traffic Engineer, twelve (12) months subsequent
to the Village' s issuance of the permit for the outdoor seating area. The Parking Study shall evaluate the
effectiveness of the parking strategies employed by the Applicant on site. Upon review of the Parking Study
and any other relevant data, including, but not limited to, independent review by the Village, should the
Village' s Community Development Director determine that the parking on the Property is not performing
effectively, the Village reserves the right to require additional parking strategies and requirements, including,
but not limited to, the increased use of valet parking or shuttle service. The imposition of additional parking
strategies and requirements shall not require amendment to this Ordinance.
VI. Attachments
1. Site Plan
2. Applicant’s Justification Statement
3. Shared Parking Statement
4. Shared Parking Agreement
5. Security Operating Agreement
OLD PORT COVE SOUTH MARINA CPUD
Major Planned Development Amendment
January 21, 2021
Revised September 16, 2021
Introduction
The Owner and Applicant, SHM Old Port Cove, LLC (“Applicant”), hereby submits the
accompanying application for a Major Planned Development Amendment for the Old Port Cove
South Marina CPUD. Specifically, Applicant seeks to increase the permissible outdoor seating
area by amending Section 5(E) of Ordinance 2011-20.
Background
On November 10, 2011, the Village of North Palm Beach Village Council passed Ordinance 2011-
20 approving a commercial planned unit development called Old Port Cove South Marina CPUD.
Ordinance 2011-20 allowed for the existing yacht club to be repurposed for a restaurant, café
and marina office. It also permitted architectural enhancements and the construction of a
swimming pool and accessory building. In addition to these modifications, the ordinance allowed
for the existing marina office to be converted to a crew room, locker room, laundry and
maintenance facility. As part of this prior approval, the village council granted waivers, as well as,
implementing various conditions, such as the condition found within Section 5(E) which limits
outdoor seating to 200 square feet.
Location
The subject property is generally located on the east side of U.S. Highway 1, between Lakeshore
Drive and Lake Worth.
Land Use & Zoning
Old Port Cove South Marina CPUD has a future land use designation of Commercial (COM) and is
within the Apartment Dwelling District (R3) and the Neighborhood Commercial District (C1). The
following table shows the land use designations and zoning districts surrounding the subject
property.
DIRECTION PROPERTY SURROUNDING
CPUD
FUTURE LAND USE
DESIGNATION
ZONING
DESIGNATION
NORTH Residential HDR R3
SOUTH Residential HDR R3
EAST Lake Worth - -
WEST Residential HDR R3
Old Port Cove South Marina CPUD
Major Planned Development Amendment
CH # 20-0802
January 21, 2021
Revised September 16, 2021
Page 2 of 4
- 2 -
Project Description
Applicant proposes a major PUD amendment to modify the regulations related to outdoor
seating within the Old Port Cove South Marina CPUD. Within Ordinance 2011-20, outdoor seating
is limited to 200 square feet. To better enjoy the waterfront, Applicant proposes to substitute
this 200 square feet for a maximum of 30 seats. The proposed seats would be restricted to an
outdoor seating area to be located along the northeast of the main building. This area would
have waiter service from the restaurant and would be an outdoor venue of the existing
restaurant. The previous outdoor seating area would no longer have access to waiter service and
would serve merely as an outdoor lounge space.
The intent of a PUD is to add a degree of flexibility in the placement and interrelationship of the
buildings and uses within a planned unit development, together with the implementation of new
design concepts. This CPUD includes a marina with a high importance of engaging the waterfront
thereby creating a truly unique atmosphere. The marina’s restaurant is unique in that it is not
open to the general public but is open only to members of the marina and residents of Old Port
Cove. Based on industry standards for fine dining restaurants, the recommended square footage
per patron is 18-20 square feet. A full service restaurant recommends 12 to 15 square feet per
patron. Based on the approved restaurant square footage of 4,120 SF, this restaurant could
reasonably accommodate 206 seats for a fine dining restaurant up to 343 seats for a full service
restaurant. It should also be noted that the restaurant currently provides 112 seats which is far
below the industry norms which further shows how this restaurant is far less intense from a
typical restaurant. As further consideration of these additional seats, Applicant proposes the
abandonment of the current entitlement of 680 SF of retail/café uses to accommodate these
additional seats. With the addition of 30 outdoor seats, the intensity will continue to be far less
intense than a typical fine dining establishment while allowing for a better designed amenity to
the members of the marina.
Parking
The CPUD had approved a parking waiver requiring only 122 parking spaces. Currently on-site are
139 parking spaces resulting in a surplus of 17 parking spaces. However, to account for an
approved future pool area, not yet constructed, the number of parking spaces reflected on the
approved and proposed plans are 125 spaces. A revised shared parking study, enclosed herein,
was conducted and determined that the proposed project requires 130 parking spaces. In
addition to the proposed 125 parking spaces, there is an existing shared parking agreement with
Cove Plaza for up to 40 parking spaces resulting in a total parking count of 165 spaces (125 +40).
This results in a surplus of 35 parking spaces as shown below in the parking data.
Old Port Cove South Marina CPUD
Major Planned Development Amendment
CH # 20-0802
January 21, 2021
Revised September 16, 2021
Page 3 of 4
- 3 -
PARKING DATA
REQ PROV
Restaurant (4,120 SF)(1 per 75 SF) 55
Outdoor Seating (up to 30 seats) (1 per 3 seats) 10
Employee Parking (15 emp) (1 per 1.5 emp) 10
Boat Slips (145 slips) (1 per 2 slips) 73
148
SHARED PARKING STUDY 130
ON-SITE PARKING 125
OFF-SITE PARKING 40
HANDICAP ACCESSIBLE (INC IN TOTAL) 5 5
TOTAL 130 165
Major Planned Development Amendment
To accomplish these modifications, Applicant proposed for Ordinance 2011-20 to be amended as
follows:
Section 5. …
…
D. Based on the Shared Parking Analysis, the Village’s approval of the uses within the PUD
is limited as follows:
1. Restaurant Use (indoor): 4,120 square feet;
2. Restaurant Use (outdoor): 30 seats
3. Retail Café Use: 680 square feet;
3. Boat Slips: 145 slips
E. Outdoor seating adjacent to the Yacht Club Building is limited to 200 square feet 30
seats.
…
Applicant proposes to remove the outdoor square footage allotment and convert it to a 30 seat
maximum for this outdoor seating. Applicant proposes for these seats to be located on the
northeast side of the marina building, immediately adjacent and accessible to the restaurant. A
revised site plan and landscape plan are provided herein.
Conclusion
The proposed major amendment to the Old Port Cove South Marin CPUD is consistent with the
village’s comprehensive plan and code. The proposal of modifications to the regulating
ordinance would enable Applicant to have additional outdoor seating for the members of the
Old Port Cove South Marina CPUD
Major Planned Development Amendment
CH # 20-0802
January 21, 2021
Revised September 16, 2021
Page 4 of 4
- 4 -
marina. Applicant looks forward to working with staff to respond to any questions or concerns
that may arise as a result of your review.
Old Port Cove
Job No. 21-043
Page | 2
TABLE OF CONTENTS
1.0 SITE DATA ........................................................................................................ 3
2.0 PARKING DATA ................................................................................................ 3
3.0 CONCLUSION ................................................................................................... 5
Old Port Cove
Job No. 21-043
Page | 3
1.0 SITE DATA
The subject parcel is located on the north side of Lakeshore Drive, approximately
1700 feet east of US Highway One in the Village of North Palm Beach, Florida
and contains approximately 11.537 acres. The Property Control Numbers for the
subject parcel are as follows:
68-43-42-09-00-001-0040
68-43-42-09-00-001-0062
The subject parcel is currently developed with a 145 slip public marina with
ancillary office facilities and a quality restaurant facility. Proposed site
development consists of renovations to the existing quality restaurant facility
including 1,163 S.F. (30 seats) of outdoor seating area expansion. No increase
in building square footage or marina slips is proposed as part of the site
modifications. Site access will remain unchanged and is existing via two ingress
only driveway connections and two egress only driveway connections to
Lakeshore Drive. For additional information concerning site location and layout,
please refer to the Site Plan prepared by Cotleur & Hearing.
2.0 PARKING DATA
The proposed uses, sizes and Village of North Palm Beach Code required
parking for the Old Port Cove Yacht Club Restaurant and the Old Port Cove
Marina may be summarized as follows:
USE SIZE REQUIRED PARKING
Restaurant* 4,120 S.F. 65 Spaces*
(15 Employees)
Outdoor Seating 30 Seats 10 Spaces
(1 Space per 3 Seats)
Marina 145 Slips 73 Spaces
* 1 Space per 75 S.F. plus 2 spaces per 3 Employees (15 Employees)
As shown above, the restaurant area parking is calculated based on the rate of 1
space per 75 S.F. of floor area plus 2 spaces per 3 employees. Additionally, the
outdoor seating area will require 1 space per 3 seats. Based on an anticipated
total of 15 employees for the restaurant, a total of 75 spaces will be required for
the restaurant and outdoor seating area.
Old Port Cove
Job No. 21-043
Page | 4
2.0 PARKING DATA (CONTINUED)
Table 1 attached to this report documents the shared parking calculations for the
combination of land uses. The conservative 25% shared parking/internalization
credit between the marina patrons and restaurant use was based on the Shared
Parking Statement completed by Simmons & White, Inc. in 2011. The different
uses will have peak impacts at different times of the day. The restaurant
utilization will be higher during the evening whereas the marina utilization will be
higher during the daytime and on weekends. The Urban Land Institute Shared
Parking, 3rd Edition does not provide time of day factors for marina and therefore,
the ULI methodology and calculations were not used for this study.
Table 1 shows an overall parking requirement of 130 spaces based on the Town
code parking rates and the internalization reduction between the marina patrons
and restaurant. The proposed Site Plan provides for 125 spaces onsite.
It should also be noted that there is an existing shared parking agreement
between the restaurant/marina and the Cove Plaza existing commercial
development located at the entrance of Old Port Cove on US Highway One.
When needed, the restaurant employees and marina employees will be parked
offsite at the Cove Plaza location. The existing parking agreement (attached to
the report) allows for the marina/restaurant to use up to 40 parking spaces from
the Cove Plaza. Therefore, a total of 165 parking spaces (125 onsite and 40
offsite) will be provided for the subject site. This results in a parking surplus of 35
spaces.
Old Port Cove
Job No. 21-043
Page | 5
3.0 CONCLUSION
The restaurant and marina uses located at the Old Port Cove South Marina
complement each other and a high level of shared parking/internalization is
anticipated between these uses during both the weekday and weekend time
periods. As shown in Table 1 attached with this report, there is adequate parking
to support the proposed uses assuming a conservative internalization/shared
parking and providing for offsite parking at the adjacent Cove Plaza.
It should be noted that the Village of North Palm Beach Code required parking
rates are highly conservative when applied to this specific location for a number
of reasons. The Old Port Cove marina and restaurant are located in a gated
private development. It is unique to find a restaurant of this caliber in a gated
high density residential community. High walking and delivery utilization is
anticipated further reducing the anticipated required parking. Excess parking is
available in the adjacent Cove Plaza for not only employees of the marina and
restaurant facility, but also for crews of traveling yachts of marina slips. There
will also be significant excess (unoccupied) parking spaces for the marina usage
in the late evening time periods when the restaurant is anticipated to be at a
higher utilization. Not only with the marina parking have a high vacancy level,
but the parking lot adjacent to the boaters building could be utilized for high
efficiency valet bullpen parking during evening hours when the marina parking
utilization is very low.
In summary, this analysis has demonstrated that the parking supply onsite is
adequate for this complimentary combination of uses (restaurant/marina) and is
approvable with regard to the Village of North Palm Beach Codes and
Ordinances.
sa: x:/docs/trafficanddrainage/21043.sps.rev
OLD PORT COVE 03/30/2021
Revised: 05/26/2021
Revised: 09/16/2021
Description Parking
Requirement
Parking
Spaces
Required
25% Internalization
Shared Parking
Reduction Between
Marina Patrons and
Restaurant
Net Parking
Spaces
Required
Restaurant and
Dining Area
1 Space/75 SF
(4,120 SF)55 55
Outdoor Seating 1 Space/ 3 Seats
(up tp 30 Seats)10 10
2 Spaces/ 3
Employees (15
Employees)
10 10
Marina 1 Space/2 Slips 73 -18 55
130
125
2
40
165
35
Notes:
1. 25% Internalization used in analysis to be consistent with 2011 Shared Parking
Statement by Simmons & White, Inc.
2. A Declaration of Off-Site Parking provides for the use of up to 40 spaces within Cove
Plaza
Table 1 - Shared Parking Calculations
Cove Plaza Off Site Parking Spaces =
Total Combined Parking Available =
Parking Surplus =
Total Parking Requirement =
Total Provided On Site Parking Spaces =
Flagler Yachts Company (Off Site) Parking Requirement =
X:\Documents\PROJECTS\2021\21-043 Old Port Cove\Parking calcs 09.16..xlsx
BK
477 S. Rosemary Avenue
Suite 225 - The Lofts at CityPlace
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
www.udkstudios.com
LCC000035
Urban Planning and Design
Landscape Architecture
Communication Graphics
memorandum
November 13, 2012
TO: Jodi Nentwick, Community Development
Richard Jenkins, Chief of Police
J.D. Armstrong, Fire Chief
FROM: Collene Walter
PROJECT NAME: Old Port Cove South Marina
Compliance with Ordinance #2011-20
Section 5. B.
UDKS PROJECT #: 09-043.000
______________________________________________________________________
Condition B, Section 5 of Ordinance #2011-20 requires that a Security Operations Plan be
submitted to the Village’s Community Development and Public Safety Departments outlining
the security procedures associates with public ingress to the restaurant prior to applying for a
Business Tax Receipt to operate said restaurant. This condition also required the applicant to
use best effort to obtain the Old Port Cove Property Association’s approval of the Security
Operations Plan prior to submittal to the Village.
Attached is a copy of the “Operating Agreement” between Old Port Cove Holdings and Old
Port Cove Equities, the applicant, and the Old Port Cove Property Owners Association that
outlines the security procedures for those coming to the restaurant either by land or by water
as agreed to by both parties as indicated by the execution of this document by both parties.
This document should satisfy the requirements of Condition B, Section 5 of Ordinance #2011-
20. An application for a Business Tax Receipt is forthcoming. Please let me know if you have
any questions or need additional information. Thank you.
cc: Rick Morgan, OPCH/OPCE w/o attachment
Len Rubin, Village Attorney
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Jeremy Hubsch, Community Development Director
DATE: October 28, 2021
SUBJECT: Ordinance 1st Reading – Prosperity Village PUD
The applicant, Prosperity Village Development, LLC, is seeking approval for an 11-unit gated single
family development on 2.33 acres. The property currently carries a Low-Density Residential future land
use designation and is zoned R-1 Single-Family. The maximum density for the Low-Density land use
category is 5.9 units per acre. The density allows for a maximum of 13 residential units.
Numerous attempts have been made to develop the property in recent years. In 2007, the property was
approved for a 14-unit single-family development by the Planning Commission; however, the project
was never constructed. In 2009, an applicant sought to construct an approximately 25,000 square foot
office building. This proposal included additional parking on an adjacent parcel to the north that is owned
by the City of Palm Beach Gardens, but located within the Village. Ultimately, this proposal never
proceeded to Village Council for final approval. In 2015, a proposal for a 34,443 square foot assisted
living facility with 56 rooms and 68 beds was denied. Finally, in 2019, an application for 12 single-family
homes and 8 townhomes was recommended for approval by the Planning Commission and then was
withdrawn prior to review by the Village Council. This request received significant opposition from
residents due to the need to amend the Future Land Use designation to increase the maximum density
of the property.
The applicant is requesting subdivision and preliminary plat review to develop the property into 11
single-family lots. A planned unit development (PUD) has been requested to waive the lot size, lot width,
building setback, and fence height Code restrictions for the R-1 Zoning District. The intent of residential
planned unit developments is to provide “an added degree of flexibility in the placement and
interrelationship of the buildings and uses within the planned unit development”. The applicant has
designed the site plan to only have two lots adjacent to the homes on Pepperwood Circle and has
created two small public green spaces within the development.
The applicant has created a “Design & Diversity Criteria” Guide, which will regulate the development of
each individual parcel. The allowable architectural styles shall be Coastal Modern, Florida
Contemporary, and Modern, with either concrete tile or metal roofing. The homes are limited to 2 stories
or 30 feet in height and are subject to an impervious surface limitation of 70%. However, the impervious
surface calculation does not include open space and buffers provided in common areas of the
development. There is a minimum landscaping standard for each lot, including 1 oak tree, 1 accent
tree, 2 single-trunk palm, 1 double-trunk palm, and 1 triple-trunk palm, as well as shrubs, hedges, and
ground cover. Further details about the development can be found in the Planning Commission staff
report (Attachment A).
Village Master Plan
As one of the few remaining vacant parcels within North Palm Beach, the property was included in the
Village Master Plan in 2016. The Village Master Plan envisioned the site being used for residential use,
with the following qualities:
1. Development clustered to preserve most major trees;
2. Houses that face the street with vehicular access in the rear;
3. The concept plan has a block structure that provides more than one way in and out of the
project to allow traffic to disperse.
4. Consideration of a small coffee shop or corner store, which could provide an amenity to this
portion of Prosperity Farms Road.
The concept plan shown in the Village Master Plan was for a project with 15 houses at 2,700 SF at a
density of 5.9 units per acre, or 14 homes with a corner coffee shop and outdoor seating (The concept
plan can be found in Attachment B). The coffee shop was considered for a parcel of land that is owned
by the City of Palm Beach Gardens, located adjacent to the applicant’s land. Inability to acquire the
adjacent parcel has made it difficult to design a project that meets some of the desired qualities noted
in the Master Plan.
Planning Commission Hearing
The Planning Commission initially considered the application on July 13th. At that meeting, the City of
Palm Beach Gardens spoke in opposition to the project. The Planning Commission elected to continue
the item due to outstanding questions related to the concerns raised by the City. The application went
back before the Planning Commission on August 3rd. At the meeting, the City of Palm Beach Gardens
and a resident spoke in opposition to the project. The Planning Commission questioned the applicant
regarding the concerns raised by the City of Palm Beach Gardens and the resident, and the Commission
members were ultimately satisfied with the applicant’s answers. The Planning Commission voted to
support the project with a unanimous recommendation of 7-0. The concerns raised by the City of Palm
Beach Gardens can be found in Attachment C.
Post Planning Commission Updates
The property is adjacent to a gopher tortoise preserve owned by the City of Palm Beach Gardens. The
applicant started removing gopher tortoises from the property in July, in anticipation of future
development approvals. The gopher tortoise removals were permitted by the Florida Fish and Wildlife
Conservation Commission (FWC) and completed in July. The FWC permit recommended the
installation of a protective fence to prevent additional gopher tortoises from entering the site. The
applicant requested a permit from the Village to clear undergrowth in order to put the protective fence
up. The Village explicitly noted that no oak trees shall be removed from the site until final development
approval.
On August 6, the Village received complaints about tree clearing on the property. A site visit determined
that some oaks trees had been removed and the Building Official immediately issued a stop work order.
An inspection determined that three oak trees had been removed during the clearing. These three oaks
were noted to be in poor health in an arborist’s report and were proposed to be removed prior to
construction of the proposed development. However, they were removed prior to approval of the project.
This was determined to be a violation of the Village’s subdivision code. The Village took the violation to
the Special Magistrate on October 4th and sought the maximum possible penalty of $5,000 per oak tree
removed. The applicant came to the Magistrate meeting and noted that the tree removal was a mistake
by the tree removal contractor and apologized. The applicant was found in violation and immediately
paid the maximum fine of $15,000.
Additionally, in light of the early tree removal and negative response from the community, the applicant
amended the site and landscape plans. The initial plan that was recommended for approval by the
Planning Commission had 12 single-family lots. The applicant removed a lot, increased the minimum
lot size and width, and added a 3,000 square foot open space park that will be open to the public. The
park will have three oak trees and a public bench. Each lot will now have an oak tree as well. The project
previously proposed to preserve, relocate, and install 13 oak trees. The project is now proposed to
preserve, relocate, and install 27 oak trees. The open space will be used to satisfy the code requirement
that five percent of the gross land area of a subdivision be dedicated to public use.
Waiver Requests
The applicant has requested four (4) waivers to the code as part of the PUD. The waivers include:
reduced lot sizes, reduced building setbacks, reduced lot widths and a height waiver for the fence in
the ROW landscape buffer adjacent to Prosperity Farms Road.
Waivers are being requested to accommodate infrastructure and to meet the Comprehensive Plan
density allowances. The Village Council must weigh the public benefits provided as part of this
application against the waiver of these Code provisions. Benefits provided by the applicant includes a
lot layout intended to minimize adverse impacts on adjacent Pepperwood Circle residents.
Recommendation: By a vote of 7-0, the Planning Commission recommends approval of the proposed
Planned Unit Development, preliminary plat, and site plan with the following conditions:
1. Electric entry gate shall match the gate shown in the renderings provided.
2. Drainage easement shall be recorded with the final plat in the swale area shown along the
western and northern property lines. This easement shall be maintained by the homeowner’s
association and limit the installation of permanent structures and impervious surfaces in this
space.
3. Park shown on the south side of property shall be recorded as a publicly accessible easement,
maintained by the HOA and recorded in the declaration of covenants and final plat. Owner shall
not encroach into the easement with physical structures, other than park related amenities that
are approved by Seacoast and the Community Development Director.
4. The 3,000 square foot “open space park” shall be open to the public from sunrise to sunset. The
park shall be recorded as an easement, maintained by the HOA and recorded in the declaration
of covenants and final plat.
5. Irrigation plans shall be provided before approval of the infrastructure permit.
6. Applicant shall receive driveway access approval from Palm Beach County Traffic Division prior
to building permit issuance. The Applicant shall preserve the existing median on Prosperity
Farms Road during the County permitting process.
7. Prior to issuance of site development permit, ensure that the storm water management report
identifies whether the site will be bermed to contain the 25-year storm, or if the stormwater
attenuation will be based on a predevelopment versus post development analysis for the
SFWMD 25-year storm discharge criteria.
8. Prior to approval of final civil plans, a five (5) percent slope shall be provided from the front
building foundation to the crown of road as an approved method of diverting water away from
the foundation.
9. Prior to issuance of permits for vertical construction, final plat shall be approved by Village
Council per the process outlined in Section 36-14 of the Village Code of Ordinances.
10. All infrastructure, including but not limited to fire hydrants, street lights, storm drains, etc.
proposed on the approved site plan shall be maintained by the homeowner’s association.
11. Prior to issuance of first permit of vertical construction, a copy of the Declaration of Covenants
and Restrictions shall be submitted to the Community Development Department and Village
Attorney for approval and review of compliance with the conditions of approval.
12. Prior to the issuance of the first infrastructure permit, 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 Attorney to assure completion of on-site
roadways, drainage and utility improvements. 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
Manager in consultation with the Village Engineer.
13. If any significant archeological resources are found on site during development and construction,
the Applicant shall notify Village staff and following the procedures outlined in Section 21-104 of
the Village Code of Ordinances.
14. The Applicant shall relocate and preserve existing native trees shown on the approved tree
disposition plan. If the oak trees do not survive relocation or preservation, they shall be replaced
with ranch grown oaks that are the largest caliper that is reasonably available from local
nurseries.
15. Any and all Gopher Tortoises located on site shall be relocated offsite in accordance with Florida
Fish and Wildlife (FWC) requirements and procedures.
16. Vertical building construction permits shall not be approved until the Building Official determines
the underground water mains and fire hydrants are installed, completed, and in service at a
satisfactory level.
17. All residential units shall be constructed in conformance with the approved Design and Diversity
Criteria.
18. Green vinyl chain-link fence shown on west and north property lines shall be set 2 ft in ground
to prevent gopher tortoises from adjacent properties entering the site.
19. Centralized mailbox facility shall be provided at the request of the US Postal Service. Applicant
shall provide location on site plan prior to issuance of vertical construction permits.
20. The Applicant shall be bound by all oral and written representations made both on the record
and as part of the application process irrespective of whether such representations are included
as formal conditions.
21. The conditions of approval shall be binding on the Applicant and its successors in interest and
assigns and a violation of such conditions shall constitute a violation of the Village Code of
Ordinances and may be enforced by the Village as set forth in Article VI, Chapter 2 of the Village
Code or as otherwise authorized by law.
Attachments:
A. Planning Commission Staff Report
B. Village Master Plan Exhibit
C. Palm Beach Gardens Letter of Opposition
D. Applicant’s Submittal Materials
Page 1 of 5
ORDINANCE NO. 2021- 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3
NORTH PALM BEACH, FLORIDA, CREATING A RESIDENTIAL PLANNED 4
UNIT DEVELOPMENT TO BE KNOWN AS “PROSPERITY VILLAGE” ON 5
APPROXIMATELY 2.33 ACRES OF REAL PROPERTY LOCATED ON THE 6
WEST SIDE OF PROSPERITY FARMS ROAD SOUTH OF ALLAMANDA 7
DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING 8
FOR THE DEVELOPMENT OF THE PROPERTY IN ACCORDANCE WITH 9
THE PLANS, SPECIFICATIONS, WAIVERS AND CONDITIONS 10
REFERENCED IN THIS ORDINANCE; PROVIDING PROCEDURES FOR 11
FUTURE MODIFICATIONS; PROVIDING FOR CONFLICTS; PROVIDING 12
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 13
14
WHEREAS, Prosperity Village Development, LLC (“Applicant”), property owner, filed an 15
application for the creation of a Residential Planned Unit Development pursuant to Section 45-16
35.1 of the Village Code of Ordinances for an approximately 2.33-acre parcel of vacant real 17
property located on the west side of Prosperity Farms Road south of Allamanda Drive, as more 18
particularly described in Exhibit “A” attached hereto and incorporated herein (“Property”); and 19
20
WHEREAS, the Property is within the R-1 (Single-Family Dwelling) Zoning District and has a 21
future land use classification of Low Density Residential; and 22
23
WHEREAS, the Applicant wishes to construct eleven (11) single-family dwellings on the 24
Property; and 25
26
WHEREAS, having considered the recommendation of the Planning Commission, the Village 27
Council determines that the Planned Unit Development application is consistent with the Village’s 28
Comprehensive Plan and meets each of the applicable requirements set forth in Section 45-35.1 of 29
the Village Code of Ordinances; and 30
31
WHEREAS, the Village Council wishes to approve the creation of the Planned Unit Development 32
in accordance with the plans and specifications submitted by the Applicant, subject to the approved 33
modifications or “waivers” to the Village’s land development regulations and the conditions of 34
approval imposed by the Village Council. 35
36
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 37
OF NORTH PALM BEACH, FLORIDA as follows: 38
39
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 40
41
Section 2. The Village Council hereby creates a Residential Planned Unit Development to be 42
known as “Prosperity Village” on approximately 2.33 acres of vacant real property legally 43
described in Exhibit “A” attached hereto and incorporated herein by this reference. 44
45
Page 2 of 5
Section 3. The Applicant shall develop the Prosperity Village PUD in accordance with the 1
following plans and specifications on file with the Village’s Community Development 2
Department: 3
4
A. Plans prepared by Cotleur & Hearing consisting of eight (8) sheets: 5
6
1 Cover Page dated April 7, 2021 and last revised on October 14, 2021 7
2 Site Plan dated April 7, 2021 and last revised on October 14, 2021 8
3 Queuing Plan dated April 7, 2021 and last revised on October 14, 2021 9
4 Site Details dated April 7, 2021 and last revised on October 14, 2021 10
5 Typical Site Layout dated April 7, 2021 and last revised on September 9, 2021 11
6 Landscape Plan dated April 7, 2021 and last revised on October 14, 2021 12
7 Landscape Details dated April 7, 2021 and last revised on October 14, 2021 13
8 Tree Disposition Plan dated April 7, 2021 and last revised on October 14, 2021 14
15
B. Design and Diversity Criteria for Prosperity Village dated October 10, 2021 consisting of 16
nine (9) pages 17
18
C. Preliminary Plat prepared by ___________________ and dated _____________. 19
20
Section 4. In approving the Prosperity Village PUD, the Village Council hereby grants the 21
following minor modifications or “waivers” from the requirements of the Village’s land 22
development regulations (as depicted in the approved plans referenced in Section 3 above): 23
24
A. Waiver from Section 45-27(D) of the Village Code to: reduce the required front setback 25
from twenty-five feet (25’) to twenty feet (20’); reduce the required rear setback from 26
twenty feet (20’) to ten feet (10’); reduce the side setback from ten feet (10’) to five feet 27
(5’); and reduce the side street setback from twenty feet (20’) to ten feet (10’). 28
29
B. A waiver from Section 45-27(C) of the Village Code to reduce the minimum lot width from 30
seventy-five feet (75’) to fifty-five feet (55’). 31
32
C. A waiver from Section 45-27(C) of the Village Code to reduce the minimum lot area from 33
seven thousand five hundred (7,500) square feet to five thousand six hundred and eight -34
one square feet (5,681) square feet. 35
36
D. A waiver from Section 45-36(D) of the Village Code to increase the height of a fence 37
within the front setback from four feet (4’) to six feet (6’) within the right-of-way landscape 38
buffer along Prosperity Farms Road. 39
40
Section 5. To the extent not modified in Section 4 above, Applicant shall develop, operate and 41
maintain the Property in accordance with all Village Code requirements. Additionally, the 42
Applicant shall obtain all required permits and approvals from all regulatory agencies with 43
jurisdiction over the Property and shall comply with the conditions attached to such permits and 44
approvals. 45
46
Section 6. The Village Council’s approval of the Prosperity Village PUD is subject to the 47
following additional conditions: 48
Page 3 of 5
A. The electric entry gate shall match the gate shown in the renderings provided. 1
2
B. A drainage easement shall be recorded with or dedicated on the final plat in the swale area 3
shown along the western and northern property lines. This easement shall be maintained 4
by the homeowner’s association (“HOA”) and shall specifically limit the installation of 5
permanent structures and impervious surfaces in this area. The HOA’s maintenance 6
responsibility shall be referenced in the HOA’s Declaration of Restrictive Covenants 7
(“HOA Declaration”). 8
9
C. The “park” shown on the south side of property shall be a publicly accessible easement 10
recorded with or dedicated on the final plat and shall be maintained by the HOA. The 11
HOA’s maintenance responsibility shall be referenced in the HOA Declaration. The owner 12
of the adjacent lot (Lot 7) shall not encroach into the easement with physical structures nor 13
remove any of the vegetation. If any trees or shrubs are removed during construction, they 14
shall be replaced. 15
16
D. The 3,000 square foot “open space park” shown in the northeast corner of the Property 17
shall be open to the public from sunrise to sunset. The open space park shall be an easement 18
recorded with or dedicated on the final plat and shall be maintained by the HOA. The 19
HOA’s maintenance responsibility shall also be referenced in the HOA Declaration. 20
21
E. Irrigation plans shall be provided before approval/issuance of the infrastructure permit. 22
23
F. Applicant shall receive driveway access approval from the Palm Beach County Traffic 24
Division prior to the issuance of the first building permit. The Applicant shall preserve the 25
existing median on Prosperity Farms Road during the County permitting process. 26
27
G. Prior to issuance of site development permit, the Applicant shall ensure that the storm water 28
management report identifies whether the site will be bermed to contain the 25-year storm, 29
or if the stormwater attenuation will be based on a pre-development versus post-30
development analysis for the SFWMD 25-year storm discharge criteria. 31
32
H. Prior to approval of final civil plans, a five (5) percent slope shall be provided from the 33
front building foundation of the dwelling units to the crown of the road as an approved 34
method of diverting water away from the foundation. 35
36
I. Prior to the issuance of the first building permit for vertical construction, the final plat shall 37
be approved by Village Council in accordance with Section 36-14 of the Village Code of 38
Ordinances. 39
40
J. All infrastructure, including but not limited to fire hydrants, street lights and storm drains, 41
depicted on the approved Site Plan shall be maintained by the HOA. The HOA’s 42
maintenance responsibility shall be referenced in the HOA Declaration. 43
44
K. Prior to issuance of first permit of vertical construction, a copy of the Declaration of 45
Restrictive Covenants (HOA Declaration) shall be submitted to the Community 46
Development Director and Village Attorney for approval and review of compliance with 47
these conditions of approval. 48
Page 4 of 5
L. Prior to the issuance of the first infrastructure permit, Applicant shall provide the Village 1
with a performance bond, letter of credit, escrow agreement or other acceptable surety 2
agreement in a form and in an amount approved by the Village Attorney to assure 3
completion of on-site roadways, drainage and utility improvements. As improvements are 4
completed and accepted by the Village, the amount of the performance bond, letter of 5
credit, escrow agreement or other acceptable surety may be reduced by a proportionate 6
amount as determined by the Village Manager in consultation with the Village Engineer. 7
8
M. If any significant archeological resources are found on site during development and 9
construction, the Applicant shall notify Village Staff and follow the procedures outlined in 10
Section 21-104 of the Village Code of Ordinances. 11
12
N. The Applicant shall relocate and preserve existing native trees shown on the approved tree 13
disposition plan. If the oak trees do not survive relocation or preservation, they shall be 14
replaced with ranch grown oaks that are the largest caliper that is reasonably available from 15
local nurseries. 16
17
O. Any and all Gopher Tortoises located on site shall be relocated offsite in accordance with 18
Florida Fish and Wildlife Conservation Commission (“FWC”) requirements and 19
procedures. 20
21
P. Vertical building construction permits shall not be approved until the Building Official 22
determines that the underground water mains and fire hydrants are installed, completed, 23
and in service at a satisfactory level. 24
25
Q. All residential units shall be constructed in conformance with the approved Design and 26
Diversity Criteria referenced in Section 3.B above. 27
28
R. The green vinyl chain-link fence shown on west and north property lines shall be set two 29
(2) feet into the ground to prevent gopher tortoises from entering the site from adjacent 30
properties. 31
32
S. A centralized mailbox facility shall be provided at the request of the U.S. Postal Service. 33
The Applicant shall provide the location on site plan prior to the issuance of vertical 34
construction permits. 35
36
T. The Applicant shall be bound by all oral and written representations made both on the 37
record and as part of the application process irrespective of whether such representations 38
are included in this Ordinance as formal conditions. 39
40
Section 7. A violation of any of the requirements or conditions of this Ordinance shall be 41
enforced in the same manner as a violation of a Village Code provision or a Village Ordinance. 42
The Village Council hereby grants the Code Enforcement Special Magistrate jurisdiction to 43
preside over any violations of this Ordinance in accordance with Article VI, Chapter 2 of the 44
Village Code. 45
46
Page 5 of 5
Section 8. The Village Council may approve minor modifications to the Planned Unit 1
Development by resolution without the necessity of review by the Planning Commission, 2
advertisement or public hearing. The following modifications shall not be considered minor: 3
4
A. Any increase in the number of residential dwelling units; 5
6
B. Any change in the method of physical access to the Property; 7
8
C. Any additional waiver of the Village’s land development regulations; or 9
10
D. Any modification to the conditions of approval. 11
12
Section 9. Each of the conditions and requirements of this Ordinance shall be binding upon 13
the Applicant and its successors in interest or assigns and shall be deemed covenants running with 14
the land. The HOA Declaration shall include a statement that the Property shall be developed in 15
accordance with the conditions and requirements of this Ordinance. 16
17
Section 10. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 18
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 19
such holding shall not affect the remainder of this Ordinance. 20
21
Section 11. All ordinances, resolutions or prior development permits or approvals relating to 22
the Property in conflict with the provisions of this Ordinance are hereby repealed to the extent of 23
such conflict. 24
25
Section 12. This Ordinance shall take effect immediately upon adoption. 26
27
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2021. 28
29
PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF 30
___________, 2021. 31
32
33
(Village Seal) 34
MAYOR 35
36
ATTEST: 37
38
39
VILLAGE CLERK 40
41
APPROVED AS TO FORM AND 42
LEGAL SUFFICIENCY: 43
44
45
VILLAGE ATTORNEY 46
EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL 1:
A PARCEL OF LAND LYING IN THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 42
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
START AT THE 1/4 SECTION CORNER ON THE SOUTH LINE OF SECTION
8, TOWNSHIP 42 SOUTH, RANGE 43 EAST; THENCE RUN IN A
NORTHERLY DIRECTION 1335.2 FEET TO THE SOUTHEAST CORNER OF
THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SOUTHWEST 1/4 OF
SAID SECTION; THENCE RUN IN A WESTERLY DIRECTION
PARALLELING THE SOUTH LINE OF SECTION 8, A DISTANCE OF 50
FEET TO A CONCRETE MONUMENT; THENCE RUN NORTH
PARALLELING THE QUARTER SECTION LINE A DISTANCE OF 667.6
FEET TO A CONCRETE MONUMENT; THENCE RUN IN A NORTHERLY
DIRECTION A DISTANCE OF 245 FEET PARALLELING THE EAST LINE
OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST
1/4 OF SAID SECTION TO THE POINT OF BEGINNING; THENCE RUN IN A
WESTERLY DIRECTION A DISTANCE OF 210 FEET PARALLELING THE
NORTH LINE OF THE NORTHEAST ¼ OF THE NORTHEAST 1/4 OF THE
SOUTHWEST 1/4 TO A POINT; THENCE RUN NORTH A DISTANCE OF 110
FEET PARALLELING THE EAST LINE OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF THE SOUTHWEST 1/4 TO A POINT; THENCE RUN
EAST A DISTANCE OF 210 FEET PARALLELING THE NORTH LINE OF
THE NORTHEAST ¼ OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4;
THENCE RUN SOUTH A DISTANCE OF 110 FEET PARALLELING THE
EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE
SOUTHWEST 1/4 TO THE POINT OF BEGINNING.
PARCEL 2:
A PARCEL OF LAND LYING IN THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 42
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
FOR THE PURPOSE OF THIS DESCRIPTION, THE EAST LINE OF THE
SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST,
IS ASSUMED TO BEAR NORTH 02 DEGREES 06 MINUTES 10 SECONDS
EAST AND ALL BEARINGS RECITED HEREIN ARE RELATED THERETO;
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4
OF SAID SECTION 8 (CENTER OF SAID SECTION 8); THENCE SOUTH 02
DEGREES 06 MINUTES 10 SECONDS WEST ALONG THE EAST LINE OF
SAID SOUTHWEST 1/4 A DISTANCE OF 312.24 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE SOUTH 02 DEGREES 06 MINUTES 10
SECONDS WEST ALONG SAID EAST LINE OF SAID SOUTHWEST 1/4 A
DISTANCE OF 355.47 FEET TO THE NORTHEAST CORNER OF THE PLAT
OF PEPPERWOOD, AS SAID PLAT IS RECORDED IN PLAT BOOK 33,
PAGES 184 AND 185, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE NORTH 88 DEGREES 09 MINUTES 42 SECONDS WEST
ALONG A PORTION OF THE NORTH LINE OF SAID PLAT OF
PEPPERWOOD A DISTANCE OF 50.00 FEET TO THE EAST LINE OF THAT
PARCEL DESCRIBED IN DEED RECORDED IN OFFICIAL RECORD BOOK
5034, PAGE 903, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE NORTH 02 DEGREES 06 MINUTES 10 SECONDS EAST
ALONG SAID EAST LINE AND ALONG THE EAST LINE OF THAT
CERTAIN PARCEL DESCRIBED IN DEED RECORDED IN OFFICIAL
RECORD BOOK 3833, PAGE 1152, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, A DISTANCE OF 357.61 FEET TO THE
NORTH LINE OF SAID CERTAIN PARCEL DESCRIBED IN SAID DEED
RECORDED IN OFFICIAL RECORD BOOK 3833, PAGE 1152; THENCE
DEPARTING FROM SAID NORTH LINE, SOUTH 85 DEGREES 42 MINUTES
50 SECONDS EAST A DISTANCE OF 50.03 FEET TO THE POINT OF
BEGINNING.
PARCEL 3:
A PARCEL OF LAND LYING, SITUATE AND BEING IN SECTION 8, TO WNSHIP 42
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
START AT THE 1/4 SECTION CORNER ON THE SOUTH LINE OF SECTION
8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, THENCE RUN IN A
NORTHERLY DIRECTION 1335.2 FEET TO THE SOUTHEAST CORNER OF
THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4
OF SAID SECTION 8, THENCE RUN IN A WESTERLY DIRECTION,
PARALLEL TO THE SOUTH LINE OF SECTION 8, A DISTANCE OF 50 FEET
TO A CONCRETE MONUMENT; THENCE RUN NORTH PARALLEL TO
THE 1/4 SECTION LINE, A DISTANCE OF 667.6 FEET TO A CONCRETE
MONUMENT, THE POINT OF BEGINNING; THENCE RUN WEST, A
DISTANCE OF 210 FEET, PARALLEL TO THE NORTH LINE OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 TO A
POINT; THENCE RUN IN A NORTHERLY DIRECTION 245 FEET,
PARALLEL TO THE EAST LINE OF THE OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF THE SOUTHWEST 1/4 TOA POINT; THENCE RUN
EAST A DISTANCE OF 210 FEET, PARALLEL TO THE NORTH LINE OF
THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4;
THENCE RUN SOUTH A DISTANCE OF 245 FEET, PARALLEL TO THE
WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 8, TO THE POINT OF BEGINNING.
PARCEL 4:
A PARCEL OF LAND LYING IN THE SOUTHEAST 1/4 OF SECTION 8, TOWNSHIP 42
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
FOR THE PURPOSE OF THIS DESCRIPTION, THE WEST LINE OF THE
SOUTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST,
IS ASSUMED TO BEAR NORTH 02°06'10" EAST AND ALL BEARING
RECITED HEREIN ARE RELATED THERETO; BEGIN AT THE
NORTHEAST CORNER OF THE PLAT OF PEPPERWOOD. AS RECORDED
IN PLAT BOOK 33, PAGES 184 AND 185, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; SAID CORNER ALS O BEING THE
SOUTHEAST CORNER OF THAT PARCEL DESCRIBED IN DEED
RECORDED IN OFFIC IAL RECORDS BOOK 12634, PAGE 1401 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA; SAID
BEGINNING POINT ALSO LIES ON THE WEST LINE OF THE SOUTHEAST
1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST; THENCE
NORTH 02°06'10" EAST ALONG THE WEST LINE OF THE SOUTHEAST 1/4
OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST A DISTANCE OF
355.47 FEET TO A POINT; SAID POINT ALSO BEING THE NORTHEAST
CORNER OF THAT PARCEL DESCRIBED IN DEED RECORDED IN
OFFICIAL RECORDS BOOK 12634, PAGE 1401 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY FLORIDA; THENCE SOUTH 85°42’50" EAST
ALONG THE PROLONGATION OF THE NORTH LINE OF THAT PARCEL
DESCRIBED IN DEED RECORDED IN OFFICIAL RECORDS BOOK 12634,
PAGE 1401 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, A DISTANCE OF 25.02 FEET; THENCE SOUTH 02°06'10" W
ALONG A LINE THAT IS 25 FEET EAST OF AND PARALLEL TO THE WEST
LINE OF THE SOUTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH,
RANGE 43 EAST, A DISTANCE OF 354.40 FEET TO THE INTERSECTION
WITH THE PROLONGATION OF THE NORTH LINE OF THE PLAT OF
PEPPERWOOD, AS RECORDED IN PLAT BOOK 33, PAGES 184 AND 185,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE
NORTH 88°009'42” W ALONG THE PROLONGATION OF THE NORTH LINE
OF THE PLAT OF PEPPERWOOD, AS RECORDED IN PLAT BOOK 33,
PAGES 184 AND 185, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING.
VILLAGE-NPB.ORG 501 US Highway 1 | North Palm Beach, FL 33408 | Phone: 561-841-3380
DATE: July 29, 2021
TO: Planning Commission
VIA: Jeremy Hubsch, AICP, Community Development Director
FROM: Alex Ahrenholz, AICP, Principal Planner
RE: Prosperity Village Subdivision/ PUD
August 3, 2021 Meeting P&Z# 2021-0688
I. APPLICATION
Location: 10401 Prosperity Farms Rd. SW corner of Allamanda Dr and Prosperity
Farms Rd
PCN: 68434208000007140;68434208000007160;
68434208000007210; 68434208000005030
Request: An application submitted by Cotleur & Hearing on behalf of Prosperity
Village Development LLC for a Subdivision, Planned Unit Development
and Preliminary plat approval for 12 single family lots.
II. HISTORY
The property is approximately 2.34 total acres with a Low-Density Residential Future Land Use (FLU)
designation and an R-1 Single Family Zoning designation. The property previously contained a single-
family home that was demolished several years ago. Numerous attempts have been made to develop
the property in recent years. The property was approved for a 14-unit single family development by the
Planning Commission in 2007; however, the development was never constructed.
In 2009, an Applicant sought to construct an approximately 25,000 square foot office building. This
proposal included additional parking on an adjacent parcel to the north that is owned by the City of
Palm Beach Gardens, but located within the Village. Ultimately, this proposal never proceeded to
Village Council for final approval. In 2015, a proposal for a 34,443 square foot assisted living facility
with 56 rooms and 68 beds was denied. Finally, in 2019, an application for 12 single-family homes and
8 townhomes was recommended for approval by the Planning Commission and then never made it to
Village Council before the application was withdrawn.
As one of the few remaining vacant parcels within North Palm Beach, the property was included in the
Village Master Plan in 2016. The Village Master Plan envisioned the site being used for residential use,
with the following qualities:
1. Development clustered to preserve most major trees;
2. Houses that face the street with vehicular access in the rear;
3. The concept plan has a block structure that provides more than one way in and out of the project
to allow traffic to disperse.
4. Consideration of a small coffee shop or corner store, which could provide an amenity to this portion
of Prosperity Farms Road.
The concept plan shown in the Village Master Plan was for a project with 15 houses at 2,700 SF at a
density of 5.9 units per acre, or 14 homes with a corner coffee shop and outdoor seating (The concept
plan can be found in Attachment A). The coffee shop was considered for a parcel of land that is adjacent
to the applicant’s land.
III. REQUEST & PROPERTY INFORMATION
The applicant is requesting to subdivide the four vacant parcels into a 12-unit single-family gated
neighborhood. A landscape buffer will be provided along Prosperity Farms Rd and utilize the existing
access point approximately 1/8 mile south of the Allamanda intersection. The applicant is subdividing
the lots, developing the streets and infrastructure, then each lot will be sold off individually for custom
home construction. The buildings will follow a proposed development design criteria for styling, finishes
and massing. The site plan also reflects the setbacks and lot sizes for each parcel that require waivers
to the current R-1 Zoning District.
August 3rd Planning Commission Updates:
This project was presented at the July 13th planning commission meeting and is being brought back with
slight changes. The commissioners had various concerns that resulted in tabling the item until they could
be addressed or resolved. The first issue dealt with the grading to the adjacent properties. The updated
plans have lowered the grade of the houses and the swale ends consistent with the adjacent grades.
To preserve the trees, small walls (6-18 inches) are proposed to prevent any fill from needing to go over
the existing roots. The wall cross sections can be found on engineering sheets C-16 and C-17.
Stacking on to Prosperity Farms Road was addressed and there is enough room for two cars as shown
on engineering sheet C-20. The auto turn analysis previously provided was compliant with the Village
of North Palm Beach standards and the Florida Fire Prevention Code. Palm Beach Gardens Fire
Department raised concerns over the ability to make the turns, so the applicant provided slightly more
room by reducing the landscape median at the entrance.
During the discussions of the previous meeting, staff has proposed to add three (3) new conditions of
approval. The first was added as condition 7 in regards to the height differential between the crown of
road and the home site elevations as required by the Florida Building Code. The next was added as
condition 18 to prevent gopher tortoises from coming under the fence to the subject site. The final new
condition, number 19, was added after discussions with the US Postal Service to locate a central mailbox
for the community.
Two conditions of approval were amended as requested by the applicant and agreed to by staff.
Condition 5 was amended to preserve the landscape median on Prosperity Farms Rd. that the County
has proposed to remove. Condition 16 was amended for the timing of the site work during permitting at
the applicant’s request.
The only change to the attachments of this staff report was the addition of the comment responses in
attachment B. The submittal document file includes unedited design criteria and rendering flipbook, but
the site, landscape, and engineering plans have been updated to reflect the changes described in
Attachment B.
A summary of the changes the applicant has made to the plans, per the comments given at the July 13th
meeting, can be found in Attachment B.
Future Land Use (FLU)
Designation Zoning Designation
Low Density Residential R-1 Single Family Dwelling District
The following table summarizes the uses, FLU designations, and zoning districts of the surrounding
properties:
Zoning
Future Land Use
Existing Use
EAST R1 Single
Family
Low Density
Residential
Single Family Residential (across
Prosperity Farms Rd)
NORTH R1 Single
Family
Low Density
Residential
Vacant (owned by City of Palm Beach
Gardens)
SOUTH R1 Single
Family
Low Density
Residential Single Family Residential
WEST P/I Preserve Conservation Vacant (City of Palm Beach Gardens)
IV. PUBLIC INPUT AND NOTICES
Public Notices: The sign was posted on the property on June 20, 2021 for the proposed application.
The legal ad was advertised in the Palm Beach Post on July 6, 2021 and courtesy notices were mailed
to property owners within 500ft of the subject site on June 25, 2021 for the July 13, 2021 Planning
Commission meeting
A public meeting was conducted by the applicant with members of the adjacent neighborhoods on May
20th in the Obert room of the Village Library. The residents in attendance were generally supportive of
the project, particularly compared to the most recent proposal, which had more units and required a
Future Land Use Amendment to increase density. There were some comments related to the design
that resulted in some changes to the site plan layout and ultimately led to the preservation of more oak
trees along the property lines.
Since the City of Palm Beach Gardens owns property within 500 feet of the site, they were notified of
the proposed PUD. A letter was sent by Palm Beach Gardens staff with concerns of buffering the
preserve area and creating more space for fire truck turn around (see Attachment C).
V. ANALYSIS OF APPLICANT’S REQUEST
A. Subdivision
The property is currently comprised of four unplatted parcels. The applicant is proposing to subdivide
them into twelve (12) lots ranging in size from 4,739 SF to 7,286 SF. The Low Density Residential land
use designation permits up to 5.8 units per acre. With a total of 2.34 acres, there are a maximum of
thirteen (13) homes allowed. The homeowner’s association will maintain the main entrance, road, and
perimeters of the development.
The preliminary plat has been submitted for review per Section 36-10, which requires Planning
Commission recommendations to the Village Council for final approval. Subsection 5 specifies that
“particular attention shall be given to the arrangement, location and width of streets, their relation to
the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the
present or future development of adjoining lands, and the requirements of the comprehensive plan
and zoning ordinance.”
“Following the hearing on the preliminary plat, the planning commission shall recommend to the village
council one (1) of the following actions:
1. Issue a certificate of preliminary plat approval.
2. Issue a certificate of conditional plat approval, subject to any necessary modifications which
shall be noted on the preliminary plat or attached to it in writing.
3. Disapproval of the preliminary plat or any portion thereof, stating the reasons for disapproval
in writing. The subdivider may reapply for preliminary plat approval in accordance with
provisions of this section.
B. Planned Unit Development (PUD) with Waivers
The proposed development does not meet five (5) of the current regulations of the R1 zoning district, thus
necessitating waivers, which are allowed through the PUD process per Section 45-51. Per Section 45-35.1,
the intent of a PUD is to allow: “an added degree of flexibility in the placement and interrelationship of the
buildings and uses within the planned unit development, together with the implementation of new design
concepts.” The Planning Commission is required to study the impact of the waivers and make
recommendations to the Village Council for final approval.
Analysis of Waivers Requested:
The applicant is requesting five waivers from code provisions in the table and further described in detail below:
Code
Section Required Proposed Waiver
Request Comments/Analysis
Section 24-27 C
Lot Size
7,500 SF
minimum
lot area
4,739 SF 2,707 SF Staff: proposed smaller than typical
lot sizes for the village to maximize
the amount of homes allowed in
low-density residential land use.
Section 24-27 D
Building
Setbacks
Front- 25’
Rear- 20’
Side-10’
Side
Street-20’
Front- 20’
Rear- 10’
Side-5’
Side
Street-8’
Front- 5’
Rear- 10’
Side-5’
Side
Street-12’
Staff: smaller setbacks to account
for the smaller lot sizes which will
allow a typical new construction
home to be accommodated.
Section 24-27C-
Lot Width
75’
Minimum
lot width
50’ 25’ Staff: In conjunction with the
smaller lot sizes overall.
Section 25-2 &
45-36.B Pool
setback
7.5’ 5’ 2.5’ Staff: This waiver would require the
2.5 ft walk around to be provided in
the drainage easement
Section 45-36D
Fence height
4’ high
within front
setback
6’ high
within
setback
from ROW
2’ Staff: This waiver would only apply
to the fence within the ROW
landscape buffer
1. Waiver for lot size reduction
a. The applicant has 2.34 acres of land with an underlying future land use designation of 5.8
units per acre allowable. A maximum of thirteen (13) units are permitted on the property
given the current lot sizes allowed in the code, but this does not take into account the
streets, entrance and setback provided from the roadway. In order to provide these
necessary functions and maintain the density, the applicant had to reduce the lot sizes. Lot
10 is proposed to be the smallest at 4,739 SF and the largest will be 7,286 SF.
2. Waiver for building setbacks
a. With the reduction of the lot sizes, building setbacks must also be reduced to maintain a
normal sized home for the area. The lots will still maintain 30% pervious surfaces after
accounting for the driveway and the pool.
3. Waiver for lot width
a. This waiver runs concurrently with the lot size reduction. Lot widths are proposed to be
reduced to fit all of the lots into the development. The smallest of the lots will be 50 ft wide.
4. Waiver for pool setback
a. Pools are required a rear setback of 7.5 feet in the rear and 5 feet on the sides. The reduced
setback in the rear is partly due to the reduced lot sizes and building setbacks. With a rear
setback of 10 feet, only 5 feet of pool area would be permitted. A reduced pool setback
provides some design flexibility. Plus, the rear of each property will abut either a natural
area, right-of-way or another lot in this community, therefore an adverse impact to the
existing homes on Pepperwood is not foreseen as the side setbacks will remain in place.
5. Waiver for higher fence along Prosperity Farms Rd.
a. Six (6) foot powder coated black aluminum picket fence is proposed along t he back of the
landscape buffer. Four (4) foot fences are permitted, but 6-foot fences are installed along
Prosperity Farms Rd for both the Harbour Isles and Prosperity Harbor neighborhoods.
C. Site Plan Analysis
a. Traffic Analysis
According to the traffic statement prepared by Kimley-Horn, there are 120 daily trips anticipated
with a total of 9 ingress/egress during the morning peak hour and 13 ingress/egress during the
evening peak hour. This level of traffic exempts the development from requiring concurrency
with Palm Beach County Traffic Division. Additionally, it is small enough to not require a turn
lane either from the North or South.
b. Site Design
The proposed neighborhood utilizes an existing curb cut to along Prosperity Farms Rd. Though
there have been past discussions of creating an additional entrance to Allamanda Dr, the City
of Palm Beach Gardens owns the property to the immediate north and designated it as
conservation. Therefore, the site only faces one street and needed to utilize a unique design
for cars to navigate to each lot. The main entrance will have an unguarded gate with a call box
for guests. A separate knox box will be available for police and fire to answer emergency calls
as necessary.
The lots were oriented to have the rear of each property face the preserve areas and none of
the backyards of the homes will face the existing homes on Pepperwood Circle. According to
the applicant, the lots were designed to be of varying sizes to encourage different types of
architecture which eliminates “cookie cutter” development.
c. Easements
There is an existing Seacoast Utility Authority (SUA) easement along Prosperity Farms road
that will remain and another easement that is obsolete which will be abandoned. SUA has
requested a 20-foot easement to the proposed lift station which will run along the southern
property line. The north and west property lines will have a four (4) foot drainage easement
which will provide drainage for the neighborhood. Though in individual properties, it will be
dedicated in the plat, recorded into the declaration of covenants and maintained by the
homeowner’s association. A 10-foot utility easement is also proposed in the front of every yard
which will include the gas line, water and sewer.
d. Landscaping
The existing site is largely undeveloped, with a small clearing where a single family home was
previously located. An environmental assessment was provided for the property with the
previously denied assisted living facility application in 2014 (Attachment D). That assessment
declared the 2.3-acre site as “disturbed lands”, which is to say that there are no significant
environmental habitats (wetlands, scrub, etc). The report stated, “that the vegetation within this
parcel is comprised of a combination of native plants, cultivated landscape and invasive exotic
species and some of the natives have been planted here as opposed to being naturally
occurring.” The report further states that “oak and cabbage palm are the predominate native
species” and that “Invasive, exotic Brazilian pepper dominates the midstory layer”.
Section 36-38.1 of the Village Code of Ordinances details the process for land clearing and
vegetation protection. All native vegetation is required to be preserved whenever possible. The
applicant is proposing to preserve eight live oaks along the perimeters and relocate three live
oaks to the entrance island. The landscape architect determined that the large oaks were of
lower quality which did not necessitate preserving or relocating. The Village sought the opinion
of an independent arborist, who conducted a report which detailed the quality of the seven
largest oak trees (>20 inch diameter trunks) (Attachment E). The report found that all of the
trees were of poor or fair condition with the highest rated one at about 40% viability.
D. Appearance Plan Compliance
Sec. 6-36. - Powers and duties of planning commission concerning the appearance code.
The planning commission shall have the following powers and duties:
1. To hold public hearings on and make recommendations for amendments to the appearance plan.
2. To consult with and cooperate with the planning and zoning advisory board, the beautification
committee and other village departments, and any other municipal or governmental bodies on
matters affecting the appearance of the village.
3. To study exterior design drawings, landscape and site plans and materials for any proposed public
works or public improvements and to make recommendations to the council or village manager as
to the architectural or aesthetic aspects thereof. De Minimis
4. To study and review preliminary and final plats and make recommendations to the planning and
zoning advisory board and the village council.
5. To hold hearings, when required, on the issuance of certificates of appropriateness as provided in
section 6-59, in connection with questions pertaining to applications for building permits and to
issue or deny such certificates pursuant to the provisions of such section 6-59.
Sec. 6-58. - Action of planning commission.
Upon consideration of an application, the planning commission shall issue a certificate of
appropriateness to the community development department upon a finding that the plan conforms to
the village appearance plan and that the proposed building or structure is appropriate to, and
compatible with, the character of the immediate neighborhood and will not cause a substantial
depreciation in property values. If the planning commission determines that these criteria are not met,
the planning commission shall provide such advice, counsel, suggestions and recommendations on
matters pertaining to aesthetics as it may deem necessary to guide the prospective applicant in the
development of a plan which would comply with the requirements and purposes of the appearance
plan. If preliminary hearings have been held on the project for which application is being made, and
preliminary approval has been issued by the planning commission as provided in section 6-56, the
planning commission shall issue a certificate of appropriateness immediately, provided that the final
drawings, plans and material as presented comply in all respects with the preliminary presentation
upon which the preliminary approval was based.
Sec. 6-59. - Approval by planning commission.
The planning commission shall issue a certificate of appropriateness upon a concurring vote of at least
three (3) members. No building or other permit, otherwise required under the ordinances of the village,
for the erection, construction, alteration or repair of any building or structure in a multiple-dwelling,
commercial or public zoning district shall be approved by the community development director except
upon the granting of a certificate of appropriateness by the planning commission. The foregoing
requirements shall not preclude the issuance of a building permit without such certificate if the
community development director shall determine that no external architectural feature as defined in
section 6-31 is involved in the work for which the building permit is sought.
According to the applicant’s justification statement, the project is meeting the intent of the appearance
plan. Their descriptions of each section have been provided in the attached design criteria.
Section 45-35.1. IV.-Action of planning commission
A. After a study of an application for a planned unit development and the required public
hearing, the planning commission shall make a recommendation to the village council to
approve, approve as modified, or reject the application based upon the followi ng standards:
1. The proposed use or uses shall be of such location, size and character as to be in
harmony with the appropriate and orderly development of the zoning district in which
situated and shall not be detrimental to the orderly development of adj acent zoning
districts.
2. The location and size of the proposed use or uses, the nature and intensity of the
principal use and all accessory uses, the site layout and its relation to streets giving access
to it, shall be such that traffic to and from the use or uses, and the assembly of persons in
connection therewith, will not be hazardous or inconvenient to the neighborhood nor conflict
with the normal traffic of the neighborhood. In applying this standard, the commission shall
consider, among other things: convenient routes for pedestrian traffic, particularly of
children; the relationship of the proposed project to main traffic thoroughfares and to street
and road intersections; and, the general character and intensity of the existing and potential
development of the neighborhood. In addition, where appropriate, the commission shall
determine that noise, vibration, odor, light, glare, heat, electromagnetic or radioactive
radiation, or other external effects, from any source whatsoever which is connected with the
proposed use, will not have a detrimental effect upon neighboring property or the
neighboring area in general.
3. The location and height of buildings, the location, nature and height of walls and fences,
and the nature and extent of landscaping of the site shall be such that they will not hinder
or discourage the proper development and use of adjacent land and buildings nor impair
the value thereof.
4. The standards of density and required open space in the proposed project are at least
equal to those required by this ordinance in the zoning district in which the proposed
project is to be located, except as may be permitted for key redevelopment sites through
subsection 45-35.1.VIII
5. There shall be no uses within the proposed project which are n ot permitted uses in the
zoning district in which the proposed project is to be located. Exception: Mixed uses may
be allowed if the existing zoning district usage is commercial. The mixed uses shall only be
residential and mercantile or residential and b usiness.
B. The commission may recommend such changes or modifications in the proposed plan as are
needed to achieve conformity to the standards as herein specified. The reasons for the changes or
modifications shall be included in the recommendation.
C. The commission shall not recommend the project unless it finds that all of the standards as
herein specified have been met. If there are minor modifications to the provisions of this chapter,
the commission may recommend its approval at the same time. It sh all also, where it deems
appropriate and necessary, recommend to the village council those conditions to be imposed upon
the project, its operation, or both, that are needed to assure adherence to the aforesaid standards .
V. CONCLUSION
Staff has analyzed the application to the requirements of the Village Code of Ordinances and recommend
approval of the subdivision, planned unit development with waivers and preliminary plat. If the Planning
Commission decides to approve the application, staff recommends the addition of the following conditions of
approval to the development order:
Proposed Conditions of Approval
1. Electric entry gate shall match the gate shown in the renderings provided.
2. Drainage easement shall be recorded with the final plat in the swale area shown along the western
and northern property lines. This easement shall be maintained by the homeowners association and
limit the installation of permanent structures and impervious surfaces in this space.
3. Landscape buffer shown on the south side shall be recorded as an easement, maintained by the
HOA and recorded in the declaration of covenants and final plat. Owner shall not encroach into the
easement with physical structures nor remove any of the vegetation. If any trees or shrubs are
removed during construction they shall be replaced.
4. Irrigation plans shall be provided before approval of the infrastructure permit.
5. Applicant shall receive driveway access approval from Palm Beach County Traffic Division prior to
building permit issuance. The Applicant shall attempt to preserve the existing median on Prosperity
Farms Road during the County permitting process.
6. Prior to issuance of site development permit ensure that the storm water management report
identifies whether the site will be bermed to contain the 25 year storm, or if the stormwater
attenuation will be based on a predevelopment versus post development analysis for the SFWMD 25
year storm discharge criteria.
7. Prior to approval of final civil plans, a five (5) percent slope shall be provided from the crown of road
to the front building foundation as an approved method of diverting water away from the foundation.
8. Five (5) percent of the value of the land shall be paid to the Village in lieu of providing public use
space per Section 36-23. b. Valuation shall be defined as the fair market value of the required land,
said fair market value to be appraised on the basis of the value of platted land without
improvements.
9. Prior to issuance of permits for vertical construction, final plat shall be approved by Village Council
per the process outlined in Section 36-14 of the Village Code of Ordinances.
10. All infrastructure, including but not limited to fire hydrants, street lights, storm drains, etc. Proposed
on the approved site plan shall be maintained by the homeowner’s association.
11. Prior to issuance of first permit of vertical construction, a copy of the Declaration of Covenants and
Restrictions shall be submitted to the Community Development Department and Village Attorney for
approval and review of compliance with the conditions of approval.
12. Prior to the issuance of the first infrastructure permit, 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 Attorney to assure completion of on-site roadways, drainage
and utility improvements. 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 Manager in consultation with the Village
Engineer.
13. If any significant archeological resources are found on site during development and construction, the
Applicant shall notify Village staff and following the procedures outlined in Section 21-104 of the
Village Code of Ordinances.
14. The Applicant shall relocate and preserve existing native trees shown on the approved tree
disposition plan. If the oak trees do not survive relocation or preservation, they shall be replaced with
ranch grown oaks that are the largest caliper that is reasonably available from local nurseries.
15. Any and all Gopher Tortoises located on site shall be relocated offsite in accordance with Florida Fish
and Wildlife (FWC) requirements and procedures.
16. Vertical building construction permits shall not be approved until the Building Official determines the
underground water mains and fire hydrants are installed, completed, and in service at a satisfactory
level.
17. All residential units shall be constructed in conformance with the approved Design and Diversity
Criteria.
18. Green vinyl chain-link fence shown on west and north property lines shall be set 2 ft in ground to
prevent gopher tortoises from adjacent properties entering the site.
19. Centralized mailbox facility shall be provided at the request of the US Postal Service. Applicant shall
provide location on site plan prior to issuance of vertical construction permits.
20. The Applicant shall be bound by all oral and written representations made both on the record and as
part of the application process irrespective of whether such representations are included as formal
conditions.
21. The conditions of approval shall be binding on the Applicant and its successors in interest and
assigns and a violation of such conditions shall constitute a violation of the Village Code of
Ordinances and may be enforced by the Village as set forth in Article VI, Chapter 2 of the Village
Code or as otherwise authorized by law.
Attachments
A. 2016 Citizens’ Master Plan Concept
B. Response to Comments
C. Letter from City of Palm Beach Gardens
D. Environmental Assessment
E. Independent Arborist Report
VILLAGE MASTER PLAN TOUR OF THE PLAN
Date: 10/20/16 37
Infi ll Development at Allamanda Drive
The empty site at the corner of Allamanda
Drive and Prosperity Farms Road is
available for redevelopment. A recent
proposal for an assisted living facility
was rejected as too intense for the site.
The development illustrated in the master
plan is consistent with the density and use
recently constructed at the Estates project
to the north. The infi ll pattern illustrated
provides the following qualities:
1. Development is clustered to preserve
most major trees;
2. Houses face the street with vehicular
access in the rear;
3. The concept plan has a block structure
that provides more than one way in
and out of the project to allow traffi c
to disperse.
4. An option is illustrated to incorporate
a small coffee shop or corner store,
which could provide an amenity to
this portion of Prosperity Farms Road.
Top Right: A plan with 15 houses 2,700 SF
each, with a site density of 5.9 du/ac.
Above: An option with 14 houses and a corner
coffee shop with outdoor patio seating.
Right: A similar residential development in
Coral Gables with houses facing the street,
parking in the rear, and a shared pool.
Update August 12, 2021
City of Palm Beach Garden’s Staff attended the July 13 and August 3, 2021,
Village of North Palm Beach Planning Commission meetings to raise concerns
and objections related to the Prosperity Village development. Those concerns
and objections were outlined in letters sent to the Village ’s Community
Development Director on July 9 and August 3, 2021, and are contained at the
end of the Memorandum.
At the August 3, 2021 Planning Commission meeting, the Commission voted 7-
0 to recommend approval of the project to the Village Council, despite the
concerns stated in this memorandum and stated at the Planning Commission
meeting. City Staff continues to object to this project and respectfully request
the Village Council consider these objections and have the Applicant address
the City’s concerns through modifications to the project design. Please see
below.
1. The Palm Beach Gardens Fire Department has strong concerns with its
ability to provide a Fire-Rescue response through the City and Village’s
mutual aid agreement based on the current site design that does not provide
the required and proper turn around design for dead-end streets pursuant
to 18.2.3.5.4 of the Florida State Fire Code.
The site, as currently designed, would require Palm Beach Gardens Fire-
Rescue vehicles to backup approximately 240 feet, which exceeds the 150
MEMORANDUM
CITY OF PALM BEACH GARDENS
TO: Jeremy Hubsch, AICP, Community Development Director
Village of North Palm Beach
CC: Natalie Crowley, AICP, Director of Planning and Zoning
DATE: July 9, 2021
Updated August 3, 2021
Updated August 12, 2021
FROM: Peter Hofheinz, AICP, Assistant Director of Planning and Zoning
SUBJECT: Proposed Prosperity Village development at Prosperity Farms Road and
Allamanda Drive adjacent to City owned property.
Page 2 of 5
feet in length for dead-end streets, before being able to conduct an exiting
turn movement. “Access roads more than 150-feet in length shall be
provided with approved provisions for fire apparatuses to turn around.”
(See attached Florida State Fire Code)
The proposed design impacts the ability of fire/rescue personnel to access
the dwelling units effectively if required by the Automatic Aid Agreements
between governments.
2. The project design continues to only provide approximately 21 -feet of
vehicle stacking from the visitor callbox to the Prosperity Farms right-of-
way line. This is a limited amount of vehicle stacking that cannot
reasonably accommodate more than one vehicle. Without a turn lane, there
will be inevitable vehicle overflow onto Prosperity Farms Road.
3. The City respectfully requests the Applicant to present and include Best
Management Practices, b0th during potential construction and after , to
protect the City’s Upland Preserve to the west.
4. The City respectfully requests the Applicant to provide a landscape buffer
along the project’s west boundary that abuts the City’s upland preserve and
along the projects north boundary that abuts property owned by the City of
Palm Beach Gardens.
5. The project design does not include any onsite open space and/or
recreational amenities.
6. The project design does not include a location for a United States Postal
Service mail kiosk on the site plan. A Condition of Approval has been
proposed requiring the Applicant to provide a location on the site plan prior
to the issuance of vertical construction permits. The location of this mail
kiosk is significant since its location may impact Fire-Rescue
maneuverability on site.
The proposed project design is requesting certain waivers from the Village’s
R-1 development standards including reductions in the required building
front, rear, and side setbacks, a reduced pool setback, and a reduced minimum
lot size setback, that do not appear to be justified by any measure of
reasonable criteria from the adopted Village Code.
The requested building setback waivers will further impact the City’s Fire-
Rescue Department to respond to any incident(s) by severely limiting fire
apparatus maneuverability and access to rear yards. Reduced front setbacks
will limit driveway lengths ultimately leading to residents parking within the
street. Reduced side setbacks will not allow proper clearance around
mechanical equipment (A/C units, pool equipment, etc.) for first responder
access to rear yards.
Page 3 of 5
Not providing a landscape buffer adjacent to the City’s upland preserve and
property to the north has the potential to lead to residents dumping trash and
debris over the fence, draining or emptying pools into the City’s property, or
illegally trespassing on to City property during unauthorized times.
The limited vehicle stacking from the callbox will have waiting vehicles
stacking into the Prosperity Farms right-of-way ultimately blocking traffic.
City Staff is willing to work with the Village to address these site plan issues.
End Update
Update August 2, 2021
City of Palm Beach Garden’s Staff attended the July 13, 2021 Village of North Palm Beach
Planning Commission meeting to raise concerns and objections related to the Proposed
Prosperity Village development. Those concerns and objections were outlined in a letter sent
to the Village’s Community Development Director on July 9, 2021 and are contained at the
end of this Memorandum for the record.
At the July 13, 2021 Planning Commission meeting, further concerns and objections were
brought before the Village’s Planning Commission based on discussion during the meeting
related to the buffering and stormwater drainage from this proposed project onto the
property owned by the City of Palm Beach Gardens to the west and north of this site, and the
vehicle queuing/stacking from this project’s proposed call box location to the Prosperity
Farms Road right-of-way.
1. The City still has concerns that there is no buffer proposed against the City of Palm Beach
Gardens-owned property to the west that is designated as a gopher tortoise preserve. The
project needs to provide a buffer on their own property.
2. Additionally, there is no buffering being proposed against the City of Palm Beach
Gardens-owned property to the north. The project needs to provide a buffer on their own
property.
3. As discussed at the Planning Commission meeting, the City is concerned with the limited
stacking/queuing distance from the project’s entry callbox to the Prosperity Farms Road
right-of-way. The project should meet the minimum stacking/queuing distance required
by Palm Beach County.
4. The Palm Beach Gardens Fire Department requires R-20 turn radii to adequately
accommodate fire equipment. The proposed plan indicated turn radii of 25 and 30
degrees. The proposed design impacts the ability of fire/rescue personnel to access the
dwelling units effectively if required by the Automatic Aid Agreements betwe en
governments.
Page 4 of 5
5. The Palm Beach Gardens Fire Department requires the roadways to be at least 20’ wide
and the dead-end turnarounds must be 60’ to adequately accommodate fire equipment.
The proposed design impacts the ability of fire/rescue personnel to access the dwelling
units effectively if required by the Automatic Aid Agreements between governments.
6. The Applicant has not included or identified Best Management Practices to protect the
City’s Gopher Tortoise Upland Preserve and property to the north from construction
activities and future residents.
7. The proposed site plan continues to have limited open space or and no recreation facilities
for residents.
End Update
The City has received Public Notice of a Zoning Change petition going to the Planning
Commission hearing in the Village of North Palm Beach on July 13, 2021. The petition is for
a zoning change from Low Density Residential to Low Density Residential with a PUD overlay
to build 12 dwelling units on 2.335 acres. Several waivers are requested as well.
The proposed development would consist of 12 single family custom homes with the main
access from Prosperity Farms Road. The home lots will vary in size and the architecture will
consist of Modern, Coastal Modern, and Florida Contemporary.
The City reviewed a previously proposed application and provided comments on August 1,
2019. The proposed site plan consisted of 12 single family homes and two 4-unit townhomes.
Please see updated comments regarding the revised site plan.
The City has the following objections and comments on the proposed
development. The City requests the petition be revised accordingly.
1. No buffer is proposed against the City of Palm Beach Gardens-owned property to the west
that is designated as a gopher tortoise preserve. The project needs to provide a buffer on
their own property.
2. No buffer is proposed against the City of Palm Beach Gardens -owned property to the
north. The project needs to provide a buffer on their own property.
3. The Palm Beach Gardens Fire Department requires R-20 turn radii to adequately
accommodate fire equipment. The proposed plan does not indicate the turn radii. The
proposed design impacts the ability of fire/rescue personnel to access the dwelling units
effectively if required by the Automatic Aid Agreements between governments.
4. The Palm Beach Gardens Fire Department requires the roadways to be at least 20’ wide
and the dead-end turnarounds must be 60’ to adequately accommodate fire equipment.
The proposed design impacts the ability of fire/rescue personnel to access the dwelling
units effectively if required by the Automatic Aid Agreements between governments.
Page 5 of 5
5. The two fire hydrants appear to be placed well and should be adequate if they have a
minimum flow of 1,000 gpm.
6. Has the applicant identified Best Management Practices for construction to protect
gopher tortoises on site or other conservation items?
7. The proposed site plan contains limited open space or recreation facilities for residents.
PROSPERITY VILLAGE
Site Plan Review
Justification Statement
April 7, 2021
Revised October 13, 2021
INTRODUCTION
On behalf of the Applicant, Prosperity Village Development, LLC, Cotleur & Hearing is requesting
site plan approval and planned unit development approval for 11 single-family dwelling lots on the
west site of Prosperity Farms Road.
PROJECT CONTACT
Cotleur & Hearing
Attn: Donaldson Hearing/David Milledge
1934 Commerce Lane, Suite 1
Jupiter, Florida 33458
Office (561) 747-6336
Direct (561) 406-1002
Fax (561) 747-1377
Prosperity Village Development, LLC
Attn: Dan Catalfumo
4001 Design Center Drive, Suite 110
Palm Beach Gardens, FL 33410
Office (561) 694-3000
Email: dhearing@cotleur-hearing.com; dmilledge@cotleur-hearing.com
HISTORY
This site has no previous village approvals; however, it did have a single-family residence which
was demolished in 2008.
REQUEST
1. Rezoning from R-1 to R-1 with an underlying PUD
2. Site Plan approval for the proposed neighborhood consisting of 12 residential dwelling
lots.
Surrounding Land Use and Zoning
The current zoning of R-1 and future land use of low-density residential (LDR) are adequate to
provide the proposed single-family use and the proposed density of 12 units. However, to provide
flexibility towards the standard zoning development standards, Applicant is requesting a PUD to
achieve better overall design for the proposed neighborhood.
DIRECTION ZONING
DESIGNATION
FUTURE LAND USE
DESIGNATION
EXISTING USE
EAST R-1 (PUD) LDR Residential
NORTH R-1 LDR Preserve Area
SOUTH R-1 LDR Residential
WEST P/I (PBG) CONS (PBG) Preserve Area
PROSPERITY VILLAGE
PUD and Site Plan Review
CH # 210303
Revised August 8, 2021
Page 2 of 6
Overview of Request
Within the R-1 zoning district, single-family dwellings with accessory buildings customarily
incident thereto, are permitted. The purpose of this request is to provide greater flexibility in
designing a small, 11 lot subdivision through the creation of a Planned Unit Development (PUD).
Part of the request to include an underlying PUD is to provide relief from the typical setback
requirements, reduction in the minimum lot size, and reduction in minimum lot width. Relief from
such development standards will allow a lot configuration which would allow sidewalks and a
central tree-island in the middle of the neighborhood, as well as two open space areas accessible
by the public. Pursuant to code section 45-35.1, creating the PUD adds a degree of flexibility in
the placement and interrelationship of the buildings and uses within the PUD with implementation
of new design concepts. The proposed 11 lot neighborhood will not have a negative impact on
the surrounding areas. Rather, the project would help with limiting the number of tear-downs
happening in other neighborhoods by giving prospective owners a place to build a new custom
home.
Project Description
This 2.33-acre site is generally surrounded by residential uses with a preserve area immediately
to the west and a vacant parcel to the north of the property. A resident or guest would access the
neighborhood from a single access point off Prosperity Farms Road. Adjacent to the road, an
aluminum fence is provided within a substantial landscape buffer. The entrance into the
community has a callbox and an escape turn-around before entering through the gate in order to
reduce conflicts and prevent unnecessary stacking. The callbox would include a Knox switch and
Click 2 Enter module to allow emergency services to gain access to the neighborhood. Residents
would use an RFID or similar technology to bypass the callbox and enter the site. Once entering
the gate, a vehicle would enter onto a one-way circle roadway network leading back to Prosperity
Farms Road through the exiting gate. USPS, FedEx, UPS, DHL, and Amazon will be given
specific codes to use at the callbox to allow for expediate access into the neighborhood. These
codes will be identified on mailing labels and will renewed every 30 days. City personal, including
garbage collection, will have a dedicated code, as well, to further provide convenience.
Generally, all of the lots have unique dimensions with the smallest lot being 55’ x 115’ and the
largest lot being 69’ x 112’. These varying lots will provide a variety of designs and layouts to the
neighborhood which is in stark contrast to typical “cookie-cutter” neighborhood.
Immediately south of the project is the Pepperwood Circle neighborhood (“Pepperwood”) which
consists of 1- and 2-story homes. Lots 1 and 7 would be the only two properties abutting
Pepperwood. While these houses may be up to 2 stories in height, it should be noted that a
building located on Lot 1 would be 47 feet from the house located at 2537 Pepperwood Circle
which is a 2-story building. A potential house on Lot 7 would be over 53 feet from the house
located at 2511 Pepperwood Circle due to a SUA easement along the southern property line. The
proposed project and Pepperwood are both single-family residential neighborhoods and are
inherently compatible, let alone the fact that these is considerable distance between the existing
residences and the proposed buildings and that 2-story buildings already exist along Pepperwood
Circle.
The proposed lots will be graded to promote positive flow of stormwater runoff towards the
neighborhood’s main drainage infrastructure. With a maximum proposed impervious area of 70%,
PROSPERITY VILLAGE
PUD and Site Plan Review
CH # 210303
Revised August 8, 2021
Page 3 of 6
the proposed yard drains would provide proper drainage of these lots and the overall
neighborhood.
This neighborhood’s design will be regulated through the enclosed design guidelines. These
guidelines require architecture styles of Modern, Coastal Modern, and Florida Contemporary. The
guidelines provide broad development standards for such matters as driveway widths and
configurations, fences and gates, uses, pools, generators, accessory structures, and landscaping.
These guidelines further explain the process of neighborhood approval before any permits can
be sought from the Village. In addition to these guidelines, a color and material exhibit will be
provided from which any custom home must adhere to. This further creates a cohesive yet unique
neighborhood.
Please see the enclosed traffic analysis for the proposed use. Based on the current zoning district
and a theoretical development of 12 single family homes, this potential development would create
120 daily trips with 9 net AM peak and 13 net PM peak-hour trips. As reflected on the traffic
analysis for the purposed project, this project has a de minimis impact on traffic. Based on the
revised plan of 11 single family homes, the anticipated traffic generated would be even less.
Moreover, this project would satisfy the desire for infill development at the corner of Prosperity
Farms Road and Allamanda Drive as described in the new Village Master Plan. It should be
noted that although the master plan envisions pedestrian connectivity from the project to
Allamanda Drive by way of a pathway through the preserve area, the City of Palm Beach Gardens
had previously objected to such a pedestrian pathway.
Gopher Tortoises
It has been identified that this property may have the presence of Gopher Tortoises and therefore
Applicant will follow the Florida Wildlife Commission’s (FWC) Gopher Tortoise Permitting
Guidelines wherein any located burrows will be flagged and classified. Proper permits from FWC
will be obtained by Applicant, if necessary, for the relocation of any Gopher Tortoises to a long-
term protected recipient sites consistent with FWC’s guidelines.
Village Master Plan
Within the Village’s Master Plan, the southwest corner of Allamanda Drive and Prosperity Farms
Road envisions infill development consistent with Applicant’s proposal. This southwest corner
includes the preserve area owned by the City of Palm Beach Gardens and the project site. The
master plan calls out four qualities:
1) Development is clustered to preserve most major trees;
Applicant is proposing to relocate trees of significance to a dedicated tree
island which would be the crown jewel of the neighborhood. It would be the
focal point as a resident enters the community and would be easily visible
from Prosperity Farms Road. Additionally, Applicant will be adding new Oak
trees to the main open area park.
2) Houses face the street with vehicular access in the rear;
The proposed plan provides for a traditional approach to lot configuration
and building placement. Having vehicular access in the rear reduces the
useability of a backyard and creates additional road surfaces throughout the
neighborhood.
PROSPERITY VILLAGE
PUD and Site Plan Review
CH # 210303
Revised August 8, 2021
Page 4 of 6
3) Block pattern to disperse traffic flows;
Unlike the Master Plan, Applicant does not own the preserve area and
therefore has a smaller land area than envisioned by the Master Plan. With
a smaller land area, a block pattern could not be achieved, however,
Applicant has proposed a lot layout to allow for an intuitive traffic pattern.
4) Optional small commercial outparcel.
Applicant is not proposing a commercial aspect to this development, nor is
such commercial element consistent with or compatible to the surrounding
residential properties.
Sec. 45-35.1 – Planned Unit Development
The statement of intent describing the district requires a minimum of 1 acre and provides a
degree of flexibility in the placement and interrelationship of the buildings and uses within the
planned unit development, together with the implementation of new design concepts. This site
is implementing a unique design for the better placement of residential lots on the site to fully
utilize the property. The request to be a PUD does not increase the density of the site.
Additionally, it does not restrict the open space, air, or light that would be provided in other
zoning districts. There are only three items not meeting the code requirements of the R-1 district,
which is the setback requirements, the minimum lot width and minimum lot size.
Public Benefit
As part of this subdivision, Applicant has coordinated with Seacoast Utility Authority for the
abandonment of the existing lift station in order to install a new lift station which would correct
existing deficiencies of the existing lift station. Applicant has proposed a 20’ easement and
considerable amount of land to properly locate this equipment. This lift station would provide the
village and the surrounding neighborhoods with a substantial public benefit.
In addition to the lift station, Applicant is proposing two open area parks within the subdivision
which are accessible from Prosperity Farms Road to be enjoyed with the public. These parks
provide open space for residents to enjoy the outdoors while still within the comfort of the
subdivision. For the security of those who live within the subdivision, gates which grant access
internally will be outfitted with code-locking mechanisms so that the general public may access
the parks but not the subdivision.
WAIVER REQUESTS UNDER PUD
Pursuant to Section 45-35.1II(A)(2), below please find specific waivers and the intent behind such
requests:
WAIVER TABLE
CODE SECTION REQUIRED PROPOSED WAIVER REQUEST
Section 24-27D –
Building Setbacks
Front – 25’ Front – 20’ -5’ (Front)
Rear – 20’ Rear – 10’ -10’ (Rear)
Side – 10’ Side – 5’ -5’ (Side)
Side Street – 20’ Side Street – 10’ -10’ (Side Street)
PROSPERITY VILLAGE
PUD and Site Plan Review
CH # 210303
Revised August 8, 2021
Page 5 of 6
Section 24-27C – Lot
Width
75’ minimum lot
width 55’ -20’
Section 24-27C – Lot
Area
7,500 SF
minimum lot area 5,681 -1,819 SF
Section 25-2 & 45-
36B - Pool Setback 7.5' 5' -2.5'
Section 45-36(D) -
Fence
Setback/Height
4' height within
front setback
6' height within
front setback of
subdivision only
+2'
1. Minimum Lot Width – Section 24-27C
Village code for the R-1 zoning district requires homes to have a minimum 75’ lot width.
The proposed lot widths range from 50’ to 69’ which will still allow for large homes to be
built on each lot. The average lot width is 60’. The smaller lot widths will allow for a quaint,
village-feel within the neighborhood.
2. Minimum Lot Area – Section 24-27C
Per village code, the minimum building site area (also known as lot area) for each single-
family dwelling shall be 7,500 SF. Prosperity Village will have varying lot sizes which will
range from 7,614 SF to 5,681 SF. While some lots have a uniform size, the majority of
the lot sizes will be unique amongst each other. This allows for different architectural
styles and footprints and clearly breaks the mold of a typical standardized neighborhood
where all lots are identical.
3. Building Setback – Section 45-27D
The specific setback requirements pursuant to the R-1 zoning district require a front
setback of 25’, rear setback of 20’, side setback of 10’, and a side-street setback of 20’.
Applicant is proposing setbacks as follows: 20’ front setback; 10’ rear setback; 5’ side
setback; and 10’ side-street setback. This request is in tandem with the other waiver
requests found above. With smaller lots, the standard setbacks account for a larger
percentage of the lot which is no longer buildable. Smaller setbacks allow for more of a
small village-feel and a sense of belonging.
4. Pool Setback – Section 25-2 & 45-36(B)
The proposed project is unique in that it has a preserve area on two sides of the property.
This area provides substantial buffering from the surrounding uses and as such the
required 7.5’ setback for pools is not warranted. Applicant proposes a 5’ setback to
provide greater flexibility in the design of an owner’s pool on their lot. Pools are mainstay
in Florida so Applicant wants to ensure the backyards of each lot could accommodate a
pool.
5. Fence Setback/Height – Section 45-36(D)
PROSPERITY VILLAGE
PUD and Site Plan Review
CH # 210303
Revised August 8, 2021
Page 6 of 6
Section 45-36(D) permits only a 4’ fence within the front yard or side yard for a corner lot.
Applicant is proposing a 6’ fence along Prosperity Farms Road. This proposed fence
would be 10’ from the neighbor’s property line and over 17’ from edge of pavement of
Prosperity Farms Road. This proposal is consistent with other gated neighborhoods within
the Village.
CONCLUSION
The proposed neighborhood will provide custom home builders and future residents the
opportunity to be part of a cohesive yet unique neighborhood. The project is not requesting
additional density, however, is seeking waivers to properly layout the proposed residential lots in
a logical and efficient manner. We look forward to the delivering an amazing project which will
serve as a beautiful addition to this one-of-a-kind village.
EEES88°16'14"E 210.00'210.00' (D) N88°12'05" W 285.00'
S85°42'52"E 75.05'
LU: LDRZONING: R1EXISTING USE: SINGLE FAMILY HOMESVILLAGE OF NORTH PALM BEACH
LU: LDR
ZONING: R1
EXISTING USE: VACANT
VILLAGE OF NORTH
PALM BEACH CITY OF PALM BEACH GARDENS LU: LDRZONING: R1EXISTING USE: SINGLE FAMILY HOMESVILLAGE OF NORTH PALM BEACH LU: CONSZONING: P/IEXISTING USE: VACANTN02°06'08"E 354.75'S02°06'08"W 351.74'S02°06'10"W 355.47' (D)S02°06'08"W 352.83' (C)EXISTINGRESIDENCEOFFSITEEXISTINGRESIDENCEOFFSITEEXISTINGRESIDENCEOFFSITE107'LOT 1LOT 758'60'60'58'58'61'LOT 2LOT 3LOT 4LOT 5LOT 6LOT 11LOT 8LOT 958'64'27'121'VEHICLE GATE ACCESSWITH CLICK2ENTERCALLBOX W/KNOX SWITCHPAVERS, TYP10' X 30' SITETRIANGLE5' PEDESTRIAN CROSSWALKWITH DECORATIVE PAVER TYP.EXISTING CURBSTOP BAR &STOP SIGN104'68.5'111'106'PROPOSED 4' HT. CHAINLINK FENCE, GREENVINYL COATEDPROPOSED 4' HT.CHAIN LINKFENCE, GREENVINYL COATED6' HT ALUMINUMRAILINGEXISTING OVERHEADPOWER LINES TO REMAIN115'102'108'SECURED ACCESS27' ROW112'MONUMENT SIGNALLAMANDA DR.
CLPROSPERITY FARMS80' R/W (R.P.B.2, PG. 136)CLCL55'STREETLIFTSTATION14' REMOVABLERAILING14' REMOVABLERAILINGSEGMENTED LANDSCAPEBLOCK WALL(REFER TO CIVIL PLANS)SEGMENTEDLANDSCAPEBLOCK WALL(REFER TOCIVIL PLANS)OPEN SPACE PARK(NO PETS ALLOWED)3,000 SFLOT 1068.5'PROPOSED 4' HT.ALUMINUM FENCEPROPOSED 4' HT.CHAIN LINKFENCE, GREENVINYL COATEDPUBLIC ACCESSSECURED ACCESSPUBLIC ACCESSPROPOSEDDRIVEWAY LOCATIONPROPOSEDDRIVEWAY LOCATIONPROPOSEDDRIVEWAYLOCATIONPARKLOCATION MAPLEGAL DESCRIPTIONPROSPERITY VILLAGESHEET INDEXSHEET 1SHEET 2SHEET 3SHEET 4SHEET 5SHEET 6SHEET 7SHEET 8COVER PAGESITE PLANQUEUING PLANSITE DETAILSTYPICAL SITE LAYOUTLANDSCAPE PLANLANDSCAPE DETAILSTREE DISPOSITION PLANPROSPERITY VILLAGE
21-0303DESIGNEDDRAWNAPPROVEDJOB NUMBERREVISIONSDATEDEHJAEDEHNorth Palm Beach, Floridaby agreement in writing with the architect. Immediatelyreport any discrepancies to the architect.SHEETCOTLEUR & HEARING, INC.These drawings are the property of the architect and arenot to be used for extensions or on other projects exceptOF04-07-21Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Lic LC653506-01-2106-24-2107-06-2108-11-2108-30-2109-14-2110-14-21COVER PAGEPROJECT TEAMNNTSSITEPGA BLVD.US HWY. 1NORTHLAKE BLVD.BURNS RD.MILITARY TRAILINTERSTATE 95PROSPERITY FARMS RD.A.1.A.PARCEL 1:A PARCEL OF LAND LYING IN THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH,RANGE 43 EAST, PALM BEACH COUNTY,FLORIDA, AND MORE PARTICULARLY DESCRIBED ASFOLLOWS;START AT THE 1/4 SECTION CORNER ON THE SOUTH LINE OF SECTION 8,TOWNSHIP 42 SOUTH, RANGE 43 EAST; THENCE RUN IN A NORTHERLY DIRECTION 1335.2FEET TO THE SOUTHEAST CORNER OF THE SOUTHEP6T 1/4 OF THE NORTHEAST 1/4 OF THESOUTHWEST 1/4 OF SAID SECTION; THENCE RUN IN A WESTERLY DIRECTION PARALLELINGTHE SOUTH LINE OF SECTION 8, A DISTANCE OF 50 FEET TO A CONCRETE MONUMENT;THENCE RUN NORTH PARALLELING THE QUARTER SECTION LINE A DISTANCE OF 667.6 FEETTO A CONCRETE MONUMENT; THENCE RUN IN A NORTHERLY DIRECTION A DISTANCE OF 245FEET PARALLELING THE EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THESOUTHWEST 1/4 OF SAID SECTION TO THE POINT OF BEGINNING; THENCE RUN IN AWESTERLY DIRECTION A DISTANCE OF 210 FEET PARALLELING THE NORTH LINE OF THENORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 TO A POINT; THENCE RUNNORTH A DISTANCE OF 110 FEET PARALLELING THE EAST LINE OF THE NORTHEAST 1/4 OFTHE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 TO A POINT; THENCE RUN EAST A DISTANCEOF 210 FEET PARALLELING THE NORTH LINE OF THE NORTHEAST 14 OF THE NORTHEAST 1/4OF THE SOUTHWEST 114; THENCE RUN SOUTH A DISTANCE OF 110 FEET PARALLELING THEEAST LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 TO THEPOINT OF BEGINNING.PARCEL 2:A PARCEL OF LAND LYING IN THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH,RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLYDESCRIBED AS FOLLOWS; FOR THE PURPOSE OF THIS DESCRIPTION, THE EAST LINE OF THESOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, IS ASSUMED TOBEAR NORTH 02 DEGREES 06 MINUTES 1D SECONDS EAST AND ALL BEARINGS RECITEDHEREIN ARE RELATED THERETO; COMMENCING AT THE NORTHEAST CORNER OF THESOUTHWEST 1/4 OF SAID SECTION B (CENTER OF SAID SECTION 8); THENCE SOUTH D2DEGREES 06 MINUTES 10 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4 ADISTANCE OF 312.24 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 02DEGREES 06 MINUTES 10 SECONDS WEST ALONG SAID EAST LINE OF SAID SOUTHWEST ¼ ADISTANCE OF 355.47 FEET TO THE NORTHEAST CORNER OF THE PLAT OF PEPPERWOOD, ASSAID PLAT IS RECORDED IN PLAT BOOK 33, PAGES 184 AND 185, PUBLIC RECORDS OF PALMBEACH COUNTY, FLORIDA; THENCE NORTH 88 DEGREES 09 MINUTES 42 SECONDS WESTALONG A PORTION OF THE NORTH LINE OF SAID PLAT OF PEPPERWOOD A DISTANCE OF50.00 FEET TO THE EAST LINE OF THAT PARCEL DESCRIBED IN DEED RECORDED INOFFICIAL RECORD BOOK 5034, PAGE 903, OF THE PUBLIC RECORDS OF PALM BEACHCOUNTY, FLORIDA: THENCE NORTH 02 DEGREES 06 MINUTES 10 SECONDS EAST ALONGSAID EAST LINE AND ALONG THE EAST LINE OF THAT CERTAIN PARCEL DESCRIBED IN DEEDRECORDED IN OFFICIAL RECORD BOOK 3833, PAGE 1152, OF THE PUBLIC RECORDS OF PALMBEACH COUNTY, FLORIDA, A DISTANCE OF 357.61 FEET TO THE NORTH LINE OF SAIDCERTAIN PARCEL DESCRIBED IN SAID DEED RECORDED IN OFFICIAL RECORD BOOK 3833,PAGE 1152; THENCE DEPARTING FROM SAID NORTH LINE, SOUTH 85 DEGREES 42 MINUTES50 SECONDS EAST A DISTANCE OF 50.03 FEET TO THE POINT OF BEGINNING.PARCEL 3:A PARCEL OF LAND LYING, SITUATE AND BEING IN SECTION 8, TOWNSHIP 42 SOUTH, RANGE43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:START AT THE 1/4 SECTION CORNER ON THE SOUTH LINE OF SECTION 8,TOWNSHIP 42 SOUTH, RANGE 43 EAST, THENCE RUN IN A NORTHERLY DIRECTION 1335.2FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THESOUTHWEST 1/4 OF SAID SECTION 8, THENCE RUN IN A WESTERLY DIRECTION, PARALLELTO THE SOUTH LINE OF SECTION 8, A DISTANCE OF 50 FEET TO A CONCRETE MONUMENT:THENCE RUN NORTH PARALLEL TO THE 1/4 SECTION LINE, A DISTANCE OF 667.6 FEET TO ACONCRETE MONUMENT, THE POINT OF BEGINNING; THENCE RUN WEST, A DISTANCE OF 210FEET, PARALLEL TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OFTHE SOUTHWEST 1/4 TO A POINT; THENCE RUN IN A NORTHERLY DIRECTION 245 FEET,PARALLEL TO THE EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THESOUTHWEST 1/4 TO A POINT; THENCE RUN EAST A DISTANCE OF 210 FEET, PARALLEL TOTHE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4;THENCE RUN SOUTH A DISTANCE OF 245 FEET, PARALLEL TO THE WEST LINE OF THENORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 8, TOTHE POINT OF BEGINNING.PARCEL 4:A PARCEL OF LAND LYING IN THE SOUTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH,RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. AND BEING MORE PARTICULARLYDESCRIBED AS FOLLOWS; FOR THE PURPOSE OF THIS DESCRIPTION, THE WEST LINE OF THESOUTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, IS ASSUMED TOBEAR NORTH 02"06'10" EAST AND ALL BEARINGS RECITED HEREIN ARE RELATED THERETO;BEGIN AT THE NORTHEAST CORNER OF THE PLAT OF PEPPERWOOD. AS RECORDED IN PLATBOOK 33, PAGES 184 AND 185, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAIDCORNER ALSO BEING THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED IN DEEDRECORDED IN OFFICIAL RECORDS BOOK 12634, PAGE 1401 OF THE PUBLIC RECORDS OFPALM BEACH COUNTY FLORIDA; SAID BEGINNING POINT ALSO LIES ON THE WEST LINE OFTHE SOUTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST; THENCE NORTH02'06'10" EAST ALONG THE WEST LINE OF THE SOUTHEAST 1/4. OF SECTION 8, TOWNSHIP42 SOUTH, RANGE 43 EAST A DISTANCE OF 355.47 FEET TO A POINT; SAID POINT ALSOBEING THE NORTHEAST CORNER OF THAT PARCEL DESCRIBED IN DEED RECORDED INOFFICIAL RECORDS BOOK 12634, PAGE 1401 OF THE PUBLIC RECORDS OF PALM BEACHCOUNTY FLORIDA: THENCE SOUTH 85'42'50" EAST ALONG THE PROLONGATION OF THENORTH LINE OF THAT PARCEL DESCRIBED IN DEED RECORDED IN OFFICIAL RECORDS BOOK12634, PAGE 1401 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCEOF 25.02 FEET; THENCE SOUTH02"06'10" W ALONG A LINE THAT IS 25 FEET EAST OF ANDPARALLEL TO THE WEST LINE OF THE SOUTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH,RANGE 43 EAST, A DISTANCE OF 354.40 FEET TO THE INTERSECTION WITH THEPROLONGATION OF THE NORTH LINE OF THE PLAT OF PEPPERWOOD, AS RECORDED IN PLATBOOK 33, PAGES 184 AND 185, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;THENCE NORTH 88'09'42"W ALONG THE PROLONGATION OF THE NORTH LINE OF THE PLATOF PEPPERWOOD, AS RECORDED IN PLAT BOOK 33, PAGES 184 AND 185, PUBLIC RECORDSOF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 25.00 FEET TO THE POINT OFBEGINNING.(CONTAINING: 2.335 ACRES, MORE OR LESS)SITE DATAGENERAL NOTESRAMPS SHALL BE PROVIDED AT ALL INTERSECTIONS WITH DRIVE AISLES IN ACCORDANCEWITH ADA AND THE FLORIDA HANDICAP ACCESSIBILITY CODE.ALL SIGNAGE SHALL CONFORM TO THE REQUIREMENTS OF THE VILLAGE OF NORTH PALMBEACH OR WAIVERS SHALL BE SOUGHT FROM VILLAGE COUNCIL.ALL SIDEWALKS SHALL BE A MINIMUM OF 5 FEET IN WIDTH.THE BUILDING, LANDSCAPE AND LIGHTING DESIGN SHALL MAXIMIZE THE USE OFACCEPTED DESIGN PRINCIPLES OR EQUIVALENT, AS APPROVED BY THE POLICEDEPARTMENT.THE PHOTOMETRIC PLAN WILL REFLECT LIGHTING VALUES IN ACCORDANCE WITH THEREQUIREMENTS OF THE VILLAGE OF NORTH PALM BEACH.ALL STREET LIGHTS AND PEDESTRIAN LIGHTS SHALL BE LED OR EQUIVALENT, ASAPPROVED BY THE POLICE DEPARTMENT.ALL ADA ACCESSIBLE RAMPS SHALL MEET THE FLORIDA ACCESSIBILITY GUIDELINES IN THELATEST VERSION OF THE FLORIDA BUILDING CODE. ANY MODIFICATIONS SHALL BEAPPROVED BY THE ENGINEER-OF-RECORD.ALL PAVEMENT MARKING AND STRIPING, SHALL BE INSTALLED WITH THERMOPLASTICMATERIALS. ALSO, PAVER BRICKS OF APPROPRIATE COLOR SHALL BE USED ON PAVERBRICK AREAS, IN LIEU OF PAINT OR THERMOPLASTIC MATERIAL.ALL LIGHT POLES SHALL BE POSITIONED IN A FASHION WHICH DOES NOT CONFLICT WITHTREE GROWTH THROUGH MATURITY.LIGHT POLE FIXTURES SHOULD BE DESIGNED TO REDUCE LIGHT SPILLAGE AND LIGHTTRESPASS.WHEN POSSIBLE TREE TRUNKS SHOULD BE TRIMMED UP TO 6 FEET AND BUSHES KEPT TO AMAXIMUM HEIGHT OF 3 FEET TO REDUCE HIDING PLACES AND MAXIMIZE NATURALSURVEILLANCE.81APPLICANT:PROSPERITY VILLAGE DEVELOPMENT, LLC4001 DESIGN CENTER DRIVE,SUITE 110PALM BEACH GARDENS, FL 33410561.694.3000CONTACT: DANIEL CATALFUMOLANDSCAPE ARCHITECT/PLANNER:COTLEUR & HEARING, INC.1934 COMMERCE LANE, SUITE 1JUPITER, FL 33458561.747.6336CONTACT: DON HEARINGARCHITECTURAL CONSULTATION:SPINA O'ROURKE + PARTNERSARCHITECTURAL AND INTERIOR DESIGN285 BANYAN BLVDWEST PALM BEACH, FL 33401561.684.6844ENGINEER:WGI2035 VISTA PARKWAYWEST PALM BEACH, FL 33411561.209.7775CONTACT: CHRIS HOLMESSURVEYOR:LIDBERG LAND SURVEYING, INC.LAND AND CONSTRUCTION SURVEYING675 WEST INDIANTOWN ROAD, SUITE 200JUPITER, FL 33458561.746.8454CONTACT: DAVID LIDBERG
EEES88°16'14"E 210.00'210.00' (D) N88°12'05" W 285.00'
S85°42'52"E 75.05'
LU: LDRZONING: R1EXISTING USE: SINGLE FAMILY HOMESVILLAGE OF NORTH PALM BEACH
LU: LDR
ZONING: R1
EXISTING USE: VACANT
VILLAGE OF NORTH
PALM BEACH CITY OF PALM BEACH GARDENS LU: LDRZONING: R1EXISTING USE: SINGLE FAMILY HOMESVILLAGE OF NORTH PALM BEACH10' LB10' LB57'24'CL18'20'FSB5' SW LU: CONSZONING: P/IEXISTING USE: VACANT61' ROWEXISTING 12' SUAETO REMAINN02°06'08"E 354.75'S02°06'08"W 351.74'S02°06'10"W 355.47' (D)S02°06'08"W 352.83' (C)18'R6'R6'R3'7.7'21.5'EXISTINGRESIDENCEOFFSITEEXISTINGRESIDENCEOFFSITEEXISTINGRESIDENCEOFFSITE10' UE10' UE10'UE12' UE10'UE10' UEEXISTING12' SUAETO REMAIN19'2'2'2'5'SW20' FSB2'5'SW20' FSB19'5'22' SBTO SIGN25'MULTI-PURPOSEEASEMENT22'22'22'22'107'LOT 1LOT 758'60'60'58'58'61'LOT 2LOT 3LOT 4LOT 5LOT 6LOT 11LOT 8LOT 958'64'27'121'EXIST 5' CONC. WALK 10' LB& SSB10'RSB 10' LBVEHICLE GATE ACCESSWITH CLICK2ENTERCALLBOX W/KNOX SWITCH10' RSBPAVERS, TYP10' X 30' SITETRIANGLE5' PEDESTRIAN CROSSWALKWITH DECORATIVE PAVER TYP.EXISTING CURBSTOP BAR &STOP SIGN5' SW5' SW5' SSB5'SSB10' SCSB10'RSB5' SSB104'20' FSB68.5'43'75'10'RSB111'50' DRAINAGE EASEMENT(O.R.B. 6136, PG. 315)TO BE ABANDONED58.5'5' SSB72'106'44' 20'SUAE40'SUAE40'SUAEPROPOSED 4' HT. CHAINLINK FENCE, GREENVINYL COATEDPROPOSED 4' HT. CHAINLINK FENCE, GREENVINYL COATEDPROPOSED 4' HT.CHAIN LINKFENCE, GREENVINYL COATED10'RSB5' SSB10'RSB10'RSB10'RSB5' SSB5' SSB5' SSB5' SSB5' SSB5' SSB5' SSB5' SSB43'50'50'48'48'51'20' FSB49'5' SSB5' SSB5' SSB5' SSB91'92'91'105'76'79'58.5'82'10'RSB6' HT ALUMINUMRAILING6' HT ALUMINUMRAILINGEXISTING OVERHEADPOWER LINES TO REMAINEXISTING OVERHEADPOWER LINES TO REMAIN10' SSB115'20' FSB20' FSB102'108'SECURED ACCESS27' ROW21.5'112'MONUMENT SIGNALLAMANDA DR.PROSPERITY FARMS80' R/W (R.P.B.2, PG. 136)CLCL55'20' REMOVABLE RAILINGOPAQUEFENCESTREETLIFTSTATION14' REMOVABLERAILING14' REMOVABLERAILINGMAILBOXESFIRE HYDRANT, TYPSEWER LINE, TYPWATER LINE, TYPDRAINAGE,TYPFIREHYDRANT,TYPSEWER LINE, TYPFORCE MAIN, TYP9' FORCE MAIN TOALUMINUM RAILING9' FORCE MAIN TOALUMINUM RAILING5' MAINTENANCEEASEMENT5' MAINTENANCEEASEMENT5' MAINTENANCEEASEMENT 10' MAINTENANCEEASEMENT18'2'2'18'2'2'5' MAINTENANCEEASEMENTSEGMENTED LANDSCAPEBLOCK WALL(REFER TO CIVIL PLANS)SEGMENTEDLANDSCAPEBLOCK WALL(REFER TOCIVIL PLANS)VALLEY CURB, TYPVALLEY CURB, TYPRA CURB, TYPRA CURB, TYP 10' MAINTENANCEEASEMENT 10' MAINTENANCEEASEMENTGAS LINE, TYP5' SSB5' SSBOPEN SPACE PARK(NO PETS ALLOWED)3,000 SFLOT 1078'20' FSB10'RSB68.5'PROPOSED 4' HT.ALUMINUM FENCEPROPOSED 4' HT.CHAIN LINKFENCE, GREENVINYL COATEDPUBLIC ACCESSSECURED ACCESSPUBLIC ACCESSPROPOSEDDRIVEWAY LOCATIONPROPOSEDDRIVEWAY LOCATIONPROPOSEDDRIVEWAYLOCATIONPARKSITE PLANScale: 1" = 20'-0"100'40'20'60'North80'LOCATION MAPNPROSPERITY VILLAGE
21-0303DESIGNEDDRAWNAPPROVEDJOB NUMBERREVISIONSDATEDEHJAEDEHNorth Palm Beach, Floridaby agreement in writing with the architect. Immediatelyreport any discrepancies to the architect.SHEETCOTLEUR & HEARING, INC.These drawings are the property of the architect and arenot to be used for extensions or on other projects exceptOF04-07-21Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Lic LC2653506-01-2106-24-2107-06-2108-11-2108-30-2109-14-2110-14-21NTSSITEPGA BLVD.US HWY. 1NORTHLAKE BLVD.BURNS RD.MILITARY TRAIL
INTERSTATE 95
PROSPERITY FARMS RD.A.1.A.PROJECT TEAMSITE DATAAPPLICANT:PROSPERITY VILLAGE DEVELOPMENT, LLC4001 DESIGN CENTER DRIVE,SUITE 110PALM BEACH GARDENS, FL 33410561.694.3000CONTACT: DANIEL CATALFUMOLANDSCAPE ARCHITECT/PLANNER:COTLEUR & HEARING, INC.1934 COMMERCE LANE, SUITE 1JUPITER, FL 33458561.747.6336CONTACT: DON HEARINGARCHITECTURAL CONSULTATION:SPINA O'ROURKE + PARTNERSARCHITECTURAL AND INTERIOR DESIGN285 BANYAN BLVDWEST PALM BEACH, FL 33401561.684.6844ENGINEER:WGI2035 VISTA PARKWAYWEST PALM BEACH, FL 33411561.209.7775CONTACT: CHRIS HOLMESSURVEYOR:LIDBERG LAND SURVEYING, INC.LAND AND CONSTRUCTION SURVEYING675 WEST INDIANTOWN ROAD, SUITE 200JUPITER, FL 33458561.746.8454CONTACT: DAVID LIDBERGWAIVER TABLE82
S88°16'14"E 210.00'210.00' (D) N88°12'05" W 285.00'
S85°42'52"E 75.05'
LU: LDRZONING: R1EXISTING USE: SINGLE FAMILY HOMESVILLAGE OF NORTH PALM BEACH
LU: LDR
ZONING: R1
EXISTING USE: VACANT
VILLAGE OF NORTH
PALM BEACH CITY OF PALM BEACH GARDENS LU: LDRZONING: R1EXISTING USE: SINGLE FAMILY HOMESVILLAGE OF NORTH PALM BEACH LU: CONSZONING: P/IEXISTING USE: VACANTN02°06'08"E 354.75'S02°06'08"W 351.74'S02°06'10"W 355.47' (D)S02°06'08"W 352.83' (C)EXISTINGRESIDENCEOFFSITEEXISTINGRESIDENCEOFFSITEEXISTINGRESIDENCEOFFSITELOT 1LOT 7LOT 2LOT 3LOT 4LOT 5LOT 6LOT 11LOT 8LOT 9ALLAMANDA DR.PROSPERITY FARMS80' R/W (R.P.B.2, PG. 136)CLCLSTREETLIFTSTATIONOPEN SPACE PARK(NO PETS ALLOWED)3,000 SFLOT 10DOGPARKQUEUE PLANScale: 1" = 20'-0"100'40'20'60'North80'LOCATION MAPNPROSPERITY VILLAGE
21-0303DESIGNEDDRAWNAPPROVEDJOB NUMBERREVISIONSDATEDEHJAEDEHNorth Palm Beach, Floridaby agreement in writing with the architect. Immediatelyreport any discrepancies to the architect.SHEETCOTLEUR & HEARING, INC.These drawings are the property of the architect and arenot to be used for extensions or on other projects exceptOF04-07-21Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Lic LC653506-01-2106-24-2107-06-2108-11-2108-30-2109-14-2110-14-21NTSSITEPGA BLVD.US HWY. 1NORTHLAKE BLVD.BURNS RD.MILITARY TRAIL
INTERSTATE 95
PROSPERITY FARMS RD.A.1.A.PROJECT TEAMAPPLICANT:PROSPERITY VILLAGE DEVELOPMENT, LLC4001 DESIGN CENTER DRIVE,SUITE 110PALM BEACH GARDENS, FL 33410561.694.3000CONTACT: DANIEL CATALFUMOLANDSCAPE ARCHITECT/PLANNER:COTLEUR & HEARING, INC.1934 COMMERCE LANE, SUITE 1JUPITER, FL 33458561.747.6336CONTACT: DON HEARINGARCHITECTURAL CONSULTATION:SPINA O'ROURKE + PARTNERSARCHITECTURAL AND INTERIOR DESIGN285 BANYAN BLVDWEST PALM BEACH, FL 33401561.684.6844ENGINEER:WGI2035 VISTA PARKWAYWEST PALM BEACH, FL 33411561.209.7775CONTACT: CHRIS HOLMESSURVEYOR:LIDBERG LAND SURVEYING, INC.LAND AND CONSTRUCTION SURVEYING675 WEST INDIANTOWN ROAD, SUITE 200JUPITER, FL 33458561.746.8454CONTACT: DAVID LIDBERG83
PROSPERITY VILLAGE
21-0303DESIGNEDDRAWNAPPROVEDJOB NUMBERREVISIONSDATEDEHJAEDEHNorth Palm Beach, Floridaby agreement in writing with the architect. Immediatelyreport any discrepancies to the architect.SHEETCOTLEUR & HEARING, INC.These drawings are the property of the architect and arenot to be used for extensions or on other projects exceptOF04-07-21Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Lic LC2653506-01-2106-24-2107-06-2108-11-2108-30-2109-14-2110-14-21SITE DETAILS8 ALUMINUM RAILING DETAILNTS6' POWDER COATED BLACK ALUMINUM6'6"4"ABOVE GROUND BACKFLOW PLANTING DETAILSPLAN VIEW4'4'SECTION VIEWABOVE GROUND PLANT MATERIAL 4' MIN. CLEARANCEEQUIPMENTABOVE GROUND PLANT MATERIAL 4' MIN. CLEARANCEEQUIPMENTROOT BARRIER2'2'2' MIN. CLEARANCENTSRA CURB DETAILVALLEY CURB DETAILNTSNTSWEARING SURFACE7 12"6"24"12"12"BASER34"14"NOTE: SAWCUTS REQUIRED AT 10' CENTERS4TOP RAIL 1 5/8" O.D.GSP SCHD. 402 1/2" O.D. GSPSCHD. 40 SPACEDAT 10'-0" MAX.7 GA. AL. COATEDSPR. COIL TENSIONWIRECONCRETE FTG.DIAGONALBRACE W/TURNBUCKLESTRETCHERBARHORIZONTALBRACE9 GA. VINYLCOATED STEELFABRIC3" O.P. GST. SCHD.40 AT CORNER8'-0"3'-6"18"6"18"8'-0"LINE POSTCORNER POST18"6"
3'-6"WATERPROOF CAPHINGE (2)4" O.D. GSP SCHD.40 AT GATE OPENINGHORIZONTAL BRACEDIAGONAL BRACE W/TURNBUCKLECONCRETE FTG.HOR.BRACEVERT.BRACEGATE RAIL & POSTS 1 5/8"O.D. GSP SCHD. 40STRETCHER BARGATEGATE POSTNOTES:1.2.3.GATE TO BE SIZED PER REQUIREMENTSVINYL COATED STEEL WOVEN WIRE FABRIC TO BE STRETCHED TAUT W/STRETCHER BARS AND STRAPS AND FASTENED TOP & BOTTOM AND AT LINEPOSTS WITH GALV. PIG RING TIES.GATE TO BE SECURED OPEN WITH GATE STOP SET IN CONCRETE.ALL RAILS, POSTS AND HARDWARE TO BE BLACK VINYL COATED.4.5.WHERE POSTS COME IN CONTACT WITH CONCRETE THEY SHALL BE COATED WITH KOPPERS300M OR APPROVED EQUAL.3/8" DIAGONAL BRACEROD W/ TURNBUCKLEGATES SHALL HAVE WELDEDSTEEL JOINTS COATED WITHZINC BASED PAINTGA. CALL-OUTS ARE FOR WIRE BEFORE VINYL COATING.6.FABRIC SHALL BECONNECTED TO GATEFRAME EVERY 15" MAX.VERTICAL BLACK PVC FENCE SLATS REQUIRED.7.Fence DetailAUGUST 26, 2020 (Rev A-15)LIFT STATION FENCE DETAILNTSPLAN VIEW27"12"18"9"9"3"R 34"R 34"R 1-1/8"R 34"SEGMENTED LANDSCAPE BLOCK WALLNTSPAVESTONE - ROCKWALL SMALLPRODUCT NUMBER 110112HEIGHT = 4", LENGTH = 6.75", WIDTH = 11.63"COLOR TO BE PALOMINOwww.landscapeforms.com Ph: 800.521.2546BENCH DETAILNTSBRAND: LANDSCAPE FORMS FGP BENCH (OR EQUAL)COLOR: ALUMINUM WITH HARDWOOD INSETS
LOT 10PROPOSED 4' HT.CHAIN LINK FENCE,GREEN VINYL COATEDDRIVEWAYROW LINEVALLEY CURBSTREETWALKDECK POOLRESIDENCECOVEREDLANAIBUILDABLE AREA LINELOT LINE68.5'5' SIDE SETBACK5' SIDE SETBACK58.5'108'10' REARSETBACK7.5' POOLSETBACK20' FRONT SETBACK4'SIDEWALK78'TYPICAL SITELAYOUTScale: 1/4" = 1'-0"4'0'16'8'32'64'LOCATION MAPNPROSPERITY VILLAGE
18-0801DESIGNEDDRAWNAPPROVEDJOB NUMBERREVISIONSDATEDEHJAEDEHNorth Palm Beach, Floridaby agreement in writing with the architect. Immediatelyreport any discrepancies to the architect.SHEETCOTLEUR & HEARING, INC.These drawings are the property of the architect and arenot to be used for extensions or on other projects exceptOF04-07-21Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Lic LC653505-19-2107-06-2107-28-2108-11-2109-09-21NTSSITEPGA BLVD.US HWY. 1NORTHLAKE BLVD.BURNS RD.MILITARY TRAIL
INTERSTATE 95
PROSPERITY FARMS RD.A.1.A.85TYPICAL LOT DATASITE AREA: 6,256 SFRESIDENCE: 2,577 SFREQUIRED PROVIDEDIMPERVIOUS AREA: 1,374 SF 70%64%PERVIOUS AREA: 2,305 SF 30%36%
21 LU: LDRZONING: R1EXISTING USE: SINGLE FAMILY HOMESVILLAGE OF NORTH PALM BEACH
LU: LDR
ZONING: R1
EXISTING USE: VACANT
VILLAGE OF NORTH
PALM BEACH CITY OF PALM BEACH GARDENS LU: LDRZONING: R1EXISTING USE: SINGLE FAMILY HOMESVILLAGE OF NORTH PALM BEACH LU: CONSZONING: P/IEXISTING USE: VACANT121LOT 1LOT 7LOT 2LOT 3LOT 4LOT 5LOT 6LOT 11LOT 8LOT 9ALLAMANDA DR.
CLPROSPERITY FARMS80' R/W (R.P.B.2, PG. 136)CLCLSTREETLIFTSTATIONEXISTING LIVE OAKTO REMAIN, TYP(REFER TO TREEDISPOSITION PLAN)EXISTING LIVE OAKTO REMAIN, TYP(REFER TO TREEDISPOSITION PLAN)OPEN SPACE PARK(NO PETS ALLOWED)3,000 SFLOT 10PARKEXISTING TREESOFF-SITE TOREMAIN, TYP.DENSELYWOODEDAREADENSELYWOODEDAREADENSELYWOODEDAREA3CH4RECH1510PROPOSED 4' HT. CHAINLINK FENCE, GREENVINYL COATEDPROPOSED 4' HT. CHAINLINK FENCE, GREENVINYL COATEDPROPOSED 4' HT. CHAINLINK FENCE, GREENVINYL COATED6' HT ALUMINUMRAILINGNEW LOCATIONS OF(3) RELOCATED LIVEOAKS TREES(REFER TO TREEDISPOSITION PLAN)EXISTING LIVE OAKSTO REMAIN, TYP(REFER TO TREEDISPOSITION PLAN)6' HT ALUMINUMRAILINGEXISTING CHRISTMASPALMS TO REMAIN,TYP OF 5EXISTING CHRISTMASPALMS TO REMAIN,TYP OF 5EXISTING OVERHEADPOWER LINESVEHICLE GATE ACCESSWITH CLICK2ENTER, TYPCALLBOX W/KNOX SWITCHPAVERS, TYP10' X 30' SITETRIANGLE5' PEDESTRIAN CROSSWALKWITH DECORATIVE PAVER TYP.EXISTING CURBSTOP BAR &STOP SIGNSECURED ACCESSEXISTING OVERHEADPOWER LINES TO REMAINMONUMENTSIGN14FG105TMAGGB1WA10FG14TM1053CH1QVSCID79WA69ROOTBARRIER, TYPGAS LINE, TYPFIRE HYDRANT, TYPSEWER LINE, TYPWATER LINE, TYPDRAINAGE,TYPFIREHYDRANT,TYPSEWER LINE, TYPFORCE MAIN, TYP10' LB10' LB 10' LB& SSB 10' LB 20'SUAEEXISTING 12' SUAETO REMAIN10' UE10' UE10'UE12' UE10'UE10' UEEXISTING 12' SUAETO REMAIN5' MAINTENANCEEASEMENT5' MAINTENANCEEASMENT12'12'10WA1QVSROOT BARRIER, TYPROOT BARRIER, TYP12EDROOTBARRIER,TYP52CLD15ED8CID242CELEBRATION ZOYSIAOR BERMUDA SODCELEBRATION ZOYSIAOR BERMUDA SODLIVE OAKS PROPOSED INRESIDENTIAL LOTS TO BE FIELDADJUSTED TO AVOID CONFLICTSWITH UTILITIES AND BASED ONFINAL DESIGN OF RESIDENCE(TYP OF 11)PD1050JS99FG115RE3CLD153311PM1515PM151LD6PD1LD11PDPD13SECURED ACCESSPHM1WA521PD1AGGBPD3511QV6PD55CI23QVPUBLIC ACCESSPROPOSED 4' HT. CHAINLINK FENCE, GREENVINYL COATEDPROPOSED 4' HT.ALUMINUM FENCEPD1083CID327JS5FG4158JS139FG 10' MAINTENANCEEASEMENT 10' MAINTENANCEEASEMENT5' MAINTENANCEEASEMENTFG30TF9CLD134EXISTING TREE TO REMAINEXISTING TREE TO BERELOCATED ON SITEEXISTING TREE TO BE REMOVEDEXISTING PALM TO REMAINNEW LOCATION OFRELOCATED TREELANDSCAPE PLANScale: 1" = 20'-0"100'40'20'60'North80'LOCATION MAPNPROSPERITY VILLAGE
21-0303DESIG1EDDRAW1APPR2VEDJ2B 18MBERREVISI21SDATEDEHJAEDEHNorth Palm Beach, FloridaE\ DJUHHPHQW iQ ZUiWiQJ ZiWK WKH DUcKiWHcW IPPHGiDWHO\UHSRUW DQ\ GiVcUHSDQciHV WR WKH DUcKiWHcWSHEETC2TLE8R HEARI1G I1CTKHVH GUDZiQJV DUH WKH SURSHUW\ RI WKH DUcKiWHcW DQG DUHQRW WR EH XVHG IRU H[WHQViRQV RU RQ RWKHU SURMHcWV H[cHSW2F06-24-21LDQGVcDSH AUcKiWHcWVLDQG PODQQHUVEQYiURQPHQWDO CRQVXOWDQWVZZZcRWOHXUKHDUiQJcRP1934 CRPPHUcH LDQHSXiWH 1JXSiWHU FORUiGD 334585617476336 ā FD[ 7471377LDQGVcDSH AUcKiWHcWVLDQG PODQQHUVEQYiURQPHQWDO CRQVXOWDQWVZZZcRWOHXUKHDUiQJcRP1934 CRPPHUcH LDQHSXiWH 1JXSiWHU FORUiGD 334585617476336 ā FD[ 7471377LDQGVcDSH AUcKiWHcWVLDQG PODQQHUVEQYiURQPHQWDO CRQVXOWDQWVZZZcRWOHXUKHDUiQJcRP1934 CRPPHUcH LDQHSXiWH 1JXSiWHU FORUiGD 334585617476336 ā FD[ 7471377LDQGVcDSH AUcKiWHcWVLDQG PODQQHUVEQYiURQPHQWDO CRQVXOWDQWVZZZcRWOHXUKHDUiQJcRP1934 CRPPHUcH LDQHSXiWH 1JXSiWHU FORUiGD 334585617476336 ā FD[ 7471377Lic# LC2600053507-06-2107-28-2108-11-2108-30-2109-14-2110-14-21NTSSITEPGA BLVD.US HWY. 1NORTHLAKE BLVD.BURNS RD.MILITARY TRAIL
INTERSTATE 95
PROSPERITY FARMS RD.A.1.A.EXISTING TREE LEGEND86'A''A''B''B'
TREESQTYBOTANICAL NAMECOMMON NAMECONTCALSIZENATIVEREMARKSED20 ELAEOCARPUS DECIPIENSJAPANESE BLUEBERRY TREE65 GAL3" CAL12` - 14` HTN FULL & THICK CANOPY, STANDARDQVS2 QUERCUS VIRGINANASOUTHERN LIVE OAK200 GAL6"-7" CAL18` - 20` OAY FULL CANOPY, SPECIMANQV14 QUERCUS VIRGINIANALIVE OAKFIELD GROWN 5" CAL16`-18` OAY FULL CANOPYPALM TREESQTYBOTANICAL NAMECOMMON NAMECONTCALSIZENATIVEREMARKSLD2 LIVISTONIA DECIPIENSRIBBON PALMFIELD GROWN N.A.10` G.W.N FULL CANOPY, STRAIGHT, THICK TRUNK,SMALL PALM TREESQTYBOTANICAL NAMECOMMON NAMECONTCALSIZENATIVEREMARKSCH1510 CHAMAEROPS HUMILIS CERIFERA `SILVER SELECT` SILVER EUROPEAN FAN PALM 15 GALN/A3` OA HTN FULL CANOPY, MULTI TRUNK, FLORIDA FANCY,MIN 1` CT PER TRUNKCH6 CHAMAEROPS HUMILIS CERIFERA `SILVER SELECT` SILVER EUROPEAN FAN PALM 45 GAL. OR F.G. N/A6` OA, MULTI TRUNK N FULL CANOPY, MULTI TRUNK, FLORIDA FANCY,MIN 1` CT PER TRUNKSPECIMEN PALMSQTYBOTANICAL NAMECOMMON NAMECONTCALSIZENATIVEREMARKSPHM1 PHOENIX DACTYLIFERA `MEDJOOL`MEDJOOL DATE PALMFIELD GROWN N.A.14` GWN STRAIGHT TRUNK, FULL CANOPY, DIAMOND CUT.RE7 ROYSTONEA REGIAROYAL PALMFGN/A15` C.T.Y FULL CANOPY, FF, HEAVY CALIPERSHRUBSQTYBOTANICAL NAMECOMMON NAMECONTSIZESPACENATIVEREMARKSAGGB2 AGAVE AMERICANA `GAINESVILLE BLUE`GAINESVILLE BLUE CENTURY PLANT FIELD GROWN 4` X 4`A.S.N BLUE, FULL, SPECIMANCI255 CHRYSOBALANUS ICACOCOCOPLUM3 GAL2` X 2`2` OCY FULL & THICKCLD1585 CLUSIA GUTTIFERACLUSIA15 GAL5` HT X 3` SPRD 3` OCY FULL & THICKCLD134 CLUSIA GUTTIFERACLUSIA3 GAL2` X 2`2` OCY FULL & THICKPD10133 PODOCARPUS MACROPHYLLUS `DWARF PRINGLES` DWARF PODOCARPUS10 GAL3` X 2`2` OCN FULL, FLORIDA FANCY.PM1526 PODOCARPUS MAKIIPODOCARPUS15 GAL.4` HT., 2` SPRD 2` OCN FULL & THICKGROUND COVERSQTYBOTANICAL NAMECOMMON NAMECONTSIZESPACENATIVEREMARKSCID648 CHRYSOBALANUS ICACO `HORIZONTAL`DWARF COCOPLUM3 GAL24" X 30"24" OCY FULL & THICK, NOT STRETCHED, FLORIDA FANCYFG316 FICUS MACROPHYLLA `GREEN ISLAND`GREEN ISLAND FICUS3 GAL15" X 15"24" OCN FULL & THICKJS262 JASMINUM VOLUBILEWAX JASMINE3 GAL18" X 18"24" OCN FULL & THICKPD92 PODOCARPUS MACROPHYLLUS `DWARF PRINGLES` DWARF PODOCARPUS3 GAL15" X 15"18" OCN FULL, FLORIDA FANCY.TM210 TRACHELOSPERMUM ASIATICUM `MINIMAJASMINE MINIMA3 GAL6" X 12"12" OCN FULLTF9 TRIPSACUM DACTYLOIDESFAKAHATCHEE GRASS3 GAL18" X 18"24" OCY FULL & THICKWA94 WRIGHTIA ANTIDYSENTERICAASIAN SNOW JASMINE3 GAL18" X 18"18" OCN FULL & THICK4'16' BUFFER20' SUA EASEMENT5' TO CLOF SHRUBSPROPERTYLINELOT LINEBUILDINGFOOTPRINTLINE4' WIDE SWALE(6" DEEP)SEE ENGINEERING PLANSPROPOSEDCLUSIA HEDGE4:1 MAX4'6'10' BUFFER5' TO CLOF SHRUBSPROPERTYLINEBUILDINGFOOTPRINTLINE4' WIDE SWALE(6" DEEP)SEE ENGINEERING PLANSPROPOSEDCLUSIA HEDGE4:1 MAXLANDSCAPE SPECIFICATIONS1. GENERAL LANDSCAPE REQUIREMENTSLANDSCAPE CONTRACT WORK INCLUDES, BUT IS NOT LIMITED TO, SOIL PREPARATION, FINE OR FINISH GRADING,FURNISHING AND INSTALLING PLANT MATERIAL, WATERING, STAKING, GUYING AND MULCHING.PLANT SIZE AND QUALITYTREES, PALMS, SHRUBS, GROUNDCOVERS:PLANT SPECIES AND SIZES SHALL CONFORM TO THOSE INDICATED ON THE DRAWINGS, NOMENCLATURE SHALLCONFORM TO STANDARD PLANT NAMES, 1942 EDITION. ALL NURSERY STOCK SHALL BE IN ACCORDANCE WITHGRADES AND STANDARDS FOR NURSERY PLANTS PARTS I & II, LATEST EDITION PUBLISHED BY THE FLORIDADEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, UNLESS SPECIFIED OTHERWISE. ALL PLANTS SHALL BEFLORIDA GRADE NUMBER 1 OR BETTER AS DETERMINED BY THE FLORIDA DIVISION OF PLANT INDUSTRY.ALL CONTAINER GROWN MATERIAL SHALL BE HEALTHY, VIGOROUS, WELL-ROOTED PLANTS AND ESTABLISHED IN THECONTAINER IN WHICH THEY ARE SOLD. THE PLANTS SHALL HAVE TOPS OF GOOD QUALITY AND BE IN A HEALTHYGROWING CONDITION.AN ESTABLISHED CONTAINER GROWN PLANT SHALL BE TRANSPLANTED INTO A CONTAINER AND GROWN IN THATCONTAINER SUFFICIENTLY LONG ENOUGH FOR THE NEW FIBROUS ROOTS TO HAVE DEVELOPED SO THAT THE ROOTMASS WILL RETAIN ITS SHAPE AND HOLD TOGETHER WHEN REMOVED FROM THE CONTAINER.STANDARD PLANTING MIXTURE SHALL BE ONE (1) PART RECYCLED ORGANIC MATERIAL ADDED TO THREE (3) PARTSEXISTING NATIVE SOIL.REPLACEMENT SOIL SHALL BE USED AS SPECIFIED TO REPLACE EXISTING SOILS THAT ARE DETERMINED BY THELANDSCAPE ARCHITEC TO BE UNSUITABLE FOR PLANTING, IE. ROAD BASE, PAVEMENT, ETC. REPLACMENT SOIL MIXSHALL CONTAIN 60% SAND AND 40% MUCK. SAND SHALL BE 100% CLEAN NATIVE SAND SCREENED TO 1/4" ANDMUCK SHALL BE 100% CLEAN ORGANIC NATIVE MUCK SCREENED TO 1/2". ALL SOIL SHALL BE MIXED PRIOR TODELIVERY ON SITE.MULCH SHALL BE SHREDDED MELALEUCA, EUCALYPTUS OR GRADE "A" RECYCLED. ALL MULCH IS TO BE APPLIED TO ADEPTH OF 3", EXCEPT AS OTHERWISE NOTED.FERTILIZER IN BACKFILL MIXTURE FOR ALL PLANTS SHALL CONSIST OF MILORGANITE ACTIVATED SLUDGE MIXEDWITH THE BACKFILL AT A RATE OF NOT LESS THAN 50 LBS. PER CUBIC YARD.FERTILIZER FOR TREES AND SHRUBS MAY BE TABLET FORM OR GRANULAR. GRANULAR FERTILIZER SHALL BEUNIFORM IN COMPOSITION, DRY AND FREE-FLOWING. THIS FERTILIZER SHALL BE DELIVERED TO THE SITE IN THEORIGINAL UNOPENED BAGS, EACH BEARING THE MANUFACTURER'S STATEMENT OF ANALYSIS, AND SHALL MEET THEFOLLOWING REQUIREMENTS: 16% NITROGEN, 7% PHOSPHORUS, 12% POTASSIUM, PLUS IRON. TABLET FERTILIZER(AGRIFORM OR EQUAL) IN 21 GRAM SIZE SHALL MEET THE FOLLOWING REQUIREMENTS: 20% NITROGEN, 10%PHOSPHORUS AND 5% POTASSIUM.FERTILIZER WILL BE APPLIED AT THE FOLLOWING RATES:PLANT SIZE 16-7-12 AGRIFORM TABLETS (21 GRAM)1 GAL. 1/4 LB. 13 GAL. 1/3 LB. 37-15 GAL. 1/2 LB. 61"-6" CALIPER 2 LBS./1" CALIPER 2 PER 1" CALIPER6" AND LARGER 3 LBS./1" CALIPER 2 PER 1" CALIPER"FLORIDA EAST COAST PALM SPECIAL" SHALL BE APPLIED TO ALL PALMS AT INSTALLATION AT A RATE OF ½ LB. PERINCH OF TRUNK UNLESS OTHERWISE SPECIFIED.FIELD GROWN TREES AND PALMS PREVIOUSLY ROOT PRUNED SHALL OBTAIN A ROOT BALL WITH SUFFICIENT ROOTSFOR CONTINUED GROWTH WITHOUT RESULTING SHOCK.CONTRACTOR SHALL NOT MARK OR SCAR TRUNK IN ANY FASHION.PLANTS SHALL BE WATERED AS NECESSARY OR WITHIN 24 HOURS AFTER NOTIFICATION BY THE LANDSCAPEARCHITECT.THE LOCATIONS OF PLANTS, AS SHOWN IN THESE PLANS, ARE APPROXIMATE. THE FINAL LOCATIONS MAY BEADJUSTED TO ACCOMMODATE UNFORESEEN FIELD CONDITIONS. MAJOR ADJUSTMENTS TO THE LAYOUT ARE TO BEAPPROVED BY THE LANDSCAPE ARCHITECT.ALL PLASTIC FABRIC SHALL BE REMOVED FROM PLANT MATERIAL AT TIME OF INSTALLATION.ALL TREES MUST BE STAKED AS SHOWN ON THE PLANTING DETAILS WITHIN 24 HOURS OF PLANTING. STAKES TOREMAIN FOR A MINIMUM OF 9 MONTHS, BUT NO LONGER THAN 18 MONTHS. CONTRACTOR IS RESPONSIBLE FORMAINTENANCE AND REMOVAL OF THE STAKES.ALL TREES MUST BE PRUNED AS PER LANDSCAPE ARCHITECT'S DIRECTION. SABAL PALMS MAY BE HURRICANE CUT.ALL SHRUBS, TREES AND GROUND COVER WILL HAVE IMPROVED SOIL AS PER PLANTING SOIL NOTES. THE SOILSSHALL BE PLACED IN THE HOLE DURING PLANTING. TOP DRESSING ONLY IS NOT ACCEPTABLE.DO NOT ALLOW AIR POCKETS TO FORM WHEN BACKFILLING. ALL TREES SHALL BE SPIKED IN UTILIZING WATER ANDA TREE BAR.THE LANDSCAPE CONTRACTOR SHALL WATER, MULCH, WEED, PRUNE, AND OTHERWISE MAINTAIN ALL PLANTS,INCLUDING SOD, UNTIL COMPLETION OF CONTRACT OR ACCEPTANCE BY LANDSCAPE ARCHITECT. SETTLED PLANTSSHALL BE RESET TO PROPER GRADE, PLANTING SAUCERS RESTORED, AND DEFECTIVE WORK CORRECTED.THE LANDSCAPE CONTRACTOR SHALL AT ALL TIMES KEEP THE PREMISES FREE FROM ACCUMULATION OF WASTEMATERIALS OR DEBRIS CAUSED BY HIS CREWS DURING THE PERFORMANCE OF THE WORK. UPON COMPLETION OFTHE WORK, THE CONTRACTOR SHALL PROMPTLY REMOVE ALL WASTE MATERIALS, DEBRIS, UNUSED PLANT MATERIAL,EMPTY PLANT CONTAINERS AND ALL EQUIPMENT FROM THE PROJECT SITE.UPON COMPLETION OF THE WORK, THE LANDSCAPE CONTRACTOR SHALL NOTIFY THE LANDSCAPE ARCHITECT ANDREQUEST A FINAL INSPECTION. ANY ITEMS THAT ARE JUDGED INCOMPLETE OR UNACCEPTABLE BY THE LANDSCAPEARCHITECT OR OWNER'S REPRESENTATIVE SHALL BE CORRECTED BY THE LANDSCAPE CONTRACTOR WITHIN 14 DAYS.ALL LABOR AND MATERIAL FOR SOIL AMENDMENTS AND FERTILIZER THAT IS REQUIRED TO INSURE THE SUCCESSFULESTABLISHMENT AND SURVIVAL OF THE PROPOSED VEGETATION, AS WELL AS ALL THE COST FOR THE REMOVAL OFUNSUITABLE OR EXCESS BACKFILL MATERIAL, SHALL BE INCLUDED IN THE CONTRACTOR'S BID TO PERFORM THEWORK REPRESENTED IN THIS PLAN SET.2. PLANTING TREESEXCAVATE PIT AS PER PLANTING DETAILS.BACKFILL AROUND BALL WITH STANDARD PLANTING MIXTURE AND SLIGHTLY COMPACT, WATER THOROUGHLY ASLAYERS ARE PLACED TO ELIMINATE VOIDS AND AIR POCKETS. BUILD A 6" HIGH BERM OF STANDARD PLANTINGMIXTURE BEYOND EDGE OF EXCAVATION. APPLY 3" (AFTER SETTLEMENT) OF MULCH EXCEPT WITHIN 6" OF TRUNK.PRUNE TREE TO REMOVE DAMAGED BRANCHES, IMPROVE NATURAL SHAPE AND THIN OUT STRUCTURE. DO NOTREMOVE MORE THAN 15% OF BRANCHES. DO NOT PRUNE BACK TERMINAL LEADER.GUY AND STAKE TREE IN ACCORDANCE WIT THE STAKING DETAILS IMMEDIATELY AFTER PLANTING.3. PLANTING SHRUBSLAYOUT SHRUBS TO CREATE A CONTINUOUS SMOOTH FRONT LINE AND FILL IN BEHIND.EXCAVATE PIT OR TRENCH TO 1-1/2 TIMES THE DIAMETER OF THE BALLS OR CONTAINERS OR 1'-0" WIDER THANTHE SPREAD OF ROOTS FOR POSITIONING AT PROPER HEIGHT. BACKFILL AROUND PLANTS WITH STANDARDPLANTING MIXTURE, COMPACTED TO ELIMINATE VOIDS AND AIR POCKETS. FORM GRADE SLIGHTLY DISHED ANDBERMED AT EDGES OF EXCAVATION. APPLY 3" OF MULCH EXCEPT WITHIN 3" OF STEMS.PRUNE SHRUBS TO REMOVE DAMAGED BRANCHES, IMPROVE NATURAL SHAPE AND THIN OUT STRUCTURE. DO NOTREMOVE MORE THAN 15% OF BRANCHES.4. PLANTING GROUND COVERLOOSEN SUBGRADE TO DEPTH OF 4" IN AREAS WHERE TOPSOIL HAS BEEN STRIPPED AND SPREAD SMOOTH.SPACE PLANTS AS OTHERWISE INDICATED. DIG HOLES LARGE ENOUGH TO ALLOW SPREADING OF ROOTS.COMPACT BACKFILLTO ELIMINATE VOIDS AND LEAVE GRADE SLIGHTLY DISHED AT EACH PLANT. WATERTHOROUGHLY. APPLY 3" OF MULCH OVER ENTIRE PLANTING BED, LIFTING PLANT FOLIAGE ABOVE MULCH.DURING PERIODS OF HOT SUN AND/OR WIND AT TIME OF PLANTING, PROVIDE PROTECTIVE COVER FOR SEVERALDAYS OR AS NEEDED.5. PLANTING LAWNSSODDING: SOD TYPE SPECIFIED ON PLANT LIST SHALL BE MACHINE STRIPPED NOT MORE THAN 24 HOURS PRIORTO LAYING.LOOSEN SUBGRADE TO DEPTH OF 4" AND GRADE WITH TOPSOIL EITHER PROVIDED ON SITE OR IMPORTEDSTANDARD PLANTING MIX TO FINISH DESIGN ELEVATIONS. ROLL PREPARED LAWN SURFACE. WATERTHOROUGHLY, BUT DO NOT CREATE MUDDY SOIL CONDITION.FERTILIZE SOIL AT THE RATE OF APPROXIMATELY 10 LBS. PER 1,000 S.F. SPREAD FERTILIZER OVER THE AREA TORECEIVE GRASS BY USING AN APPROVED DISTRIBUTION DEVICE CALIBRATED TO DISTRIBUTE THE APPROPRIATEQUANTITY. DO NOT FERTILIZE WHEN WIND VELOCITY EXCEEDS 15 M.P.H. THOROUGHLY MIX FERTILIZER INTO THETOP 2" OF TOPSOIL.LAY SOD STRIPS WITH TIGHT JOINTS, DO NOT OVERLAP, STAGGER STRIPS TO OFFSET JOINTS IN ADJACENTCOURSES. WORK SIFTED STANDARD PLANTING MIXTURE INTO MINOR CRACKS BETWEEN PIECES OF SOD ANDREMOVE EXCESS SOIL DEPOSITS FROM SODDED AREAS. SOD ON SLOPES GREATER THAN 3:1 SHALL BE STAKED INPLACE. ROLL OR STAMP LIGHTLY AND WATER THOROUGHLY WITH A FINE SPRAY IMMEDIATELY AFTER PLANTING.6. MISCELLANEOUS LANDSCAPE WORKLANDSCAPE MAINTENANCEMAINTAIN LANDSCAPE WORK UNTIL FINAL ACCEPTANCE IS ISSUED BY THE OWNER'S REPRESENTATIVE. INCLUDEWATERING, WEEDING, CULTIVATING, RESTORATION OF GRADE, MOWING AND TRIMMING GRASS, PRUNING TREESAND SHRUBS, PROTECTION FROM INSECTS AND DISEASES, FERTILIZING AND SIMILAR OPERATIONS AS NEEDED TOINSURE NORMAL GROWTH AND GOOD HEALTH FOR LIVE PLANT MATERIAL.PLANT MATERIAL SUBSTITUTIONNO SUBSTITUTION OF PLANT MATERIAL, TYPE OR SIZES WILL BE PERMITTED WITHOUT AUTHORIZATION FROM THELANDSCAPE ARCHITECT.PLANTING BED PREPARATIONALL PLANTING BEDS SHALL BE PROPERLY PREPARED PRIOR TO THE COMMENCEMENT OF ANY PLANTING. PLANTINGAREAS, INCLUDING LAWNS SHALL BE FREE OF ALL WEEDS AND NUISANCE VEGETATION. IF TORPEDO GRASS(PANICUM REPENS) IS PRESENT OR ENCOUNTERED DURING PLANTING, THE LANDSCAPE CONTRACTOR SHALL STOPALL PLANTING UNTIL IT CAN BE DEMONSTRATED THAT IT HAS BEEN COMPLETELY REMOVED OR ERADICATED.THERE SHALL BE NO EXCEPTIONS TO THIS PROVISION.ALL LANDSCAPE ISLANDS AND BEDS WILL BE FREE OF SHELL ROCK AND CONSTRUCTION DEBRIS AND WILL BEEXCAVATED TO A DEPTH OF 30 INCHES OR TO CLEAN, NATIVE SOIL AND FILLED WITH THE SPECIFIED REPLACMENTSOIL.LANDSCAPE WARRANTYTHE LANDSCAPE CONTRACTOR SHALL GUARANTEE ALL PLANT MATERIAL FOR A PERIOD OF SIX (6) MONTHS FROMTHE DATE OF CONDITIONAL ACCEPTANCE IN WRITING FROM THE LANDSCAPE ARCHITECT. AT THE TIME OFCONDITIONAL ACCEPTANCE, THE SIX (6) MONTH PERIOD SHALL COMMENCE. ANY MATERIALS WHICH HAVE DIEDOR DECLINED TO THE POINT WHERE THEY NO LONGER MEET FLORIDA #1 CONDTION DURING THIS PERIOD SHALLBE PROMPTLY REPLACED WITH SPECIMENS THAT MEET THE MINIMUM REQUIREMENTS CALLED FOR ON THEDRAWINGS. THE LANDSCAPE CONTRACTOR SHALL NOT BE HELD RESPONSIBLE FOR THE DEATH OR DAMAGERESULTING FROM ACTS OF GOD SUCH AS LIGHTNING, VANDALISM, AND AUTOMOBILES OR FROM NEGLIGENCE BYTHE OWNER. CONTRACTOR SHALL BE RESPONSIBLE FOR WATERING AND OTHERWISE MAINTAINING PLANTS UP TOTHE CONDITIONAL ACCEPTANCE PERIOD, UNLESS A WRITTEN AGREEMENT WITH THE LANDSCAPE ARCHITECTPROVIDES FOR A DIFFERENT ARRANGEMENT.SHRUB/GROUNDCOVER PLANTING DETAILNTS3" MULCHFORM SAUCER WITH 3" CONTINUOUS EARTHENRIM AROUND PLANTING HOLEPLANTING PIT DEPTH SHALL BE 4"-6" GREATERTHAN ROOT BALL. PLANTING PIT WIDTH SHALLBE TWICE THE DIAMETER FOR ROOT BALLS 2'AND UNDER OR 2' LARGER IN DIAMETER FORROOT BALLS OVER 2'.BACK FILL AROUND ROOT BALL WITHSTANDARD PLANTING MIX. ELIMINATE AIRPOCKETS.PLACE TOP OF ROOT BALL 2" ABOVE FINISHEDGRADEPLACE ROOT BALL AT BOTTOM OF PLANTING PITLARGE TREE PLANTING DETAILNTSPLACE RUBBER HOSE ON WIRE AT ALL POINTS OF CONTACT WITH TREEPLACE 3 (DOUBLE STRANDS) 12 GAUGE GALVANIZED GUY WIRE, SPACEDEQUAL DISTANCE AROUND TREE ABOVE FIRST LATERAL BRANCHPLACE SAFETY FLAGS ON GUY WIRESTWIST WIRES TO ADJUST TENSION ON GUY WIREREMOVE BURLAP FROM TOP 1/3 OF ROOTBALL IF APPLICABLE3" MULCHFORM SAUCER WITH 4"-6" CONTINUOUS EARTHEN RIM AROUNDPLANTING HOLE2"x4"x24" WOOD STAKE DRIVEN 3" BELOW GRADEPLANTING PIT DEPTH SHALL EQUAL DEPTH OF ROOT BALL PLUS 6" FORSETTING LAYER OF COMPACTED STANDARD PLANTING MIXTURE.PLANTING PIT WIDTH SHALL BE TWICE THE DIAMETER OF ROOT BALLBACK FILL AROUND ROOT BALL WITH STANDARD PLANTING MIXTURE.ELIMINATE AIR POCKETS.PLANT TOP OF ROOT BALL SLIGHTLY HIGHER THAN FINISHED GRADEPLACE ROOT BALL AT BOTTOM OF PLANTING PITPALM PLANTING DETAILPRUNE & TIE FRONDS TOGETHER WITHDEGRADABLE TWINE (MINIMUM 6-8 FRONDS)5 - 2"x4"x18" WOOD BATTENS. DO NOT NAILBATTENS TO PALM. HEIGHT OF BATTENS SHALLBE LOCATED IN RELATION TO THE HEIGHT OFTHE PALM FOR ADEQUATE BRACING2 STEEL BANDSMINIMUM 3 - 2"x4" WOOD BRACES SHALL BETOE NAILED TO WOOD BATTENS3" MULCHFORM SAUCER WITH 4"-6" CONTINUOUSEARTHEN RIM AROUND PLANTING HOLE2"x4"x24" WOOD STAKE REMAINING 3"ABOVE GRADEBACK FILL AROUND ROOT BALL WITH STANDARDPLANTING MIXTURE. ELIMINATE AIR POCKETS.PLANT ROOT BALL OF SABAL PALMS 2"-3"BELOW FINISHED GRADESIZE OF ROOT BALL WILL BE IN PROPORTIONTO SIZE AND TYPE OF PALM IN RELATION TOSOUND NURSERY PRACTICEPLACE ROOT BALL AT BOTTOM OF PLANTING PITCLEAR TRUNK (CT) HEIGHTVARIESFINISHED GRADENTSLANDSCAPE NOTESALL PLANT MATERIAL SHALL BE FLORIDA NUMBER 1 OR BETTER AS DEFINED BY THEDIVISION OF PLANT INDUSTRY 'GRADES AND STANDARDS' LATEST EDITION.THE LANDSCAPE CONTRACTOR SHALL NOT MAKE ANY SUBSTITUTIONS OR CHANGESWITHOUT THE AUTHORIZATION OF THE VILLAGE OF NORTH PALM BEACH, THEOWNER AND THE LANDSCAPE ARCHITECT.THE LANDSCAPE CONTRACTOR SHALL REVIEW THE PROJECT DRAINAGE AND UTILITYPLANS PRIOR TO CONSTRUCTION AND AVOID ALL CONFLICTS. THE LANDSCAPECONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUND UTILITIESPRIOR TO COMMENCING WORK.LANDSCAPING PLACEMENT, WITH CONSIDERATION OF MATURATION, SHOULD NOTOBSTRUCT LIGHTING FIXTURES, THE VIEW THROUGH WINDOWS, OR BUILDINGADDRESSES.LANDSCAPING OF THE LOWER CANOPY TREES SHOULD BE TRIMMED UP TO A MIN.HEIGHT OF 6'-0" THROUGH MATURATION TO INCREASE NATURAL SURVEILLANCE.LANDSCAPING OF SHRUBBERY SHOULD BE TRIMMED TO A MAX. HEIGHT OF 36" ANDMAINTAINED THROUGH MATURATION TO INCREASE NATURAL SURVEILLANCE.ALL LANDSCAPE SHALL CONFORM TO THE REQUIREMENTS OF THE VILLAGE OFNORTH PALM BEACH LAND DEVELOPMENT REGULATIONS.ALL ABOVE GROUND UTILITIES I.E. TRANSFORMERS, SWITCH BOXES, ACCONDENSERS AND ALIKE SHALL BE FULLY SCREENED FROM VIEW ON THREE SIDESWITH LANDSCAPING ( EXCLUDING ANTENNAS). THE LANDSCAPING SHALL EXTENDONE FOOT HIGHER THAN THE TALLEST POINT OF SAID EQUIPMENT AT TIME OFPLANTING.ALL TREES SHALL BE LOCATED WITHIN A MULCH PLANTING BED WITH A MINIMUMOF TWO (2) FEET OF CLEARANCE TO THE EDGE OF THE BED.ALL SOD WITHIN NEW LANDSCAPE AREAS SHALL BE STENOTAPHRUM SECUNDATUM'FLORATAM' (ST. AUGUSTINE SOD).TREES WITHIN PLANTING ISLANDS LESS THAN FIVE (5) FEET IN WIDTH SHALL BELOCATED TO AVOID CONFLICTS WITH THE OVERHANG OF VEHICLES.TYPE D OR F RAISED CONCRETE CURBING SHALL BE PROVIDED AROUND ALLPLANTING ISLANDS WITHIN VEHICULAR USE AREAS.TREES AT ENTRANCE WAYS AND WITHIN SIGHT TRIANGLES SHALL BE TRIMMED INSUCH A FASHION TO MINIMIZE SITE VISIBILITY CONFLICTS. CLEAR VISIBILITY SHALLBE MAINTAINED BETWEEN 30 INCHES AND 7 FEET.PLANTING ISLANDS WITHIN AND ADJACENT TO PARKING AREAS SHALL BE FREE OFLIME ROCK AND OTHER FOREIGN MATERIALS TO A DEPTH OF 36". IF NECESSARY,RECYCLED PLANTING SOIL MIXTURE SHOULD BE USED TO REPLACE UNSUITABLESOIL, WHICH IS EXCAVATED.ALL AREAS SHALL BE FULLY IRRIGATED IN ACCORDANCE WITH THE REQUIREMENTSOF THE VILLAGE OF NORTH PALM BEACH.THE IRRIGATION SYSTEM SHALL BE DESIGNED TO PROVIDE 100% OVERLAPCOVERAGE TO ALL NEW LANDSCAPE AND SOD AREAS.THE IRRIGATION SYSTEM SHALL BE EQUIPPED WITH A RAIN SENOR/CUT OFFSWITCH IN ACCORDANCE WITH STATE AND LOCAL REQUIREMENTS.THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL PERMITS FORHIS/HER WORK.ALL EXOTIC AND NUISANCE VEGETATION SHALL BE REMOVED FROM ON SITE.ALL TREES AND LANDSCAPING WILL BE FIELD LOCATED TO AVOID CONFLICT WITHTHE EXISTING UTILITY, LIGHT POLES AND DRAINAGE LINES.LARGE PALM PLANTING DETAILNTSFINISHEDGRADEPLACE ROOT BALL AT BOTTOM OF PLANTING PITSIZE OF ROOT BALL WILL BE IN PROPORTION TO SIZE ANDTYPE OF PALM IN RELATION TO SOUND NURSERY PRACTICEBACK FILL AROUND ROOT BALL WITH STANDARDPLANTING MIXTURE. ELIMINATE AIR POCKETS.DIAMETER OF THE HOLE SHALL BE TWICE THE BALLDIAMETER. FOR ROOT BALLS 2' AND GREATER, THEHOLE SHALL BE 2' LARGER THAN THE BALL DIAMETERPLANT ROOT BALL SLIGHTLY ABOVE FINISHEDGRADE3" MULCHFORM SAUCER WITH 4"-6" CONTINUOUSEARTHEN RIM AROUND PLANTING HOLEWOOD (WD)HEIGHT VARIES5 - 2"x4"x18" WOOD BATTENS OVER 5 LAYERSOF BURLAP. DO NOT NAIL BATTENS TO PALM.HEIGHT OF BATTENS SHALL BE LOCATED INRELATION TO THE HEIGHT OF THE PALM FORADEQUATE BRACING2 STEEL BANDSMINIMUM 4 - 4"x4" WOOD BRACES SHALL BETOE NAILED TO WOOD BATTENS2"x4"x24" WOOD STAKE REMAINING 3"ABOVE GRADEEXISTING SUBGRADESAFETY FLAGMEDJOOL, CANARY ISLAND, SYLVESTER DATE PALM, ETC.ROOT BARRIERABOVE GROUND BACKFLOW PLANTING DETAILSPLAN VIEW4'4'SECTION VIEWNTSABOVE GROUND PLANT MATERIAL 4' MIN. CLEARANCEEQUIPMENTABOVE GROUND PLANT MATERIAL 4' MIN. CLEARANCEEQUIPMENT2'2'2' MIN. CLEARANCEPROSPERITY VILLAGE
21-0303DESIGNEDDRAWNAPPROVEDJOB NUMBERREVISIONSDATEDEHJAEDEHNorth Palm Beach, Floridaby agreement in writing with the architect. Immediatelyreport any discrepancies to the architect.SHEETCOTLEUR & HEARING, INC.These drawings are the property of the architect and arenot to be used for extensions or on other projects exceptOF06-24-21Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Lic LC2653507-06-2107-28-2108-11-2108-30-2109-14-2110-14-21LANDSCAPE DETAILSPLANT LISTPLANTING DETAILSROOT BARRIER DETAILS87AUGUST 26, 2020 (Rev C-16)Palm Tree with Root BarrierExotic Palm Tree with Root BarrierAUGUST 26, 2020 (Rev C-16)Typical Shrub, Small Tree or Typical Canopy Tree, Large or LANDSCAPE DATASECTION 'A-A'SECTION 'B-B'
21121LOT 1LOT 7LOT 2LOT 3LOT 4LOT 5LOT 6LOT 11LOT 8LOT 9ALLAMANDA DR.
CLPROSPERITY FARMS80' R/W (R.P.B.2, PG. 136)CLCLSTREETLIFTSTATIONEXISTING LIVE OAKTO REMAIN, TYP(REFER TO TREEDISPOSITION PLAN)EXISTING LIVE OAKTO REMAIN, TYP(REFER TO TREEDISPOSITION PLAN)OPEN SPACE PARK(NO PETS ALLOWED)3,000 SFLOT 10PARKEXISTING TREESOFF-SITE TOREMAIN, TYP.DENSELYWOODEDAREADENSELYWOODEDAREADENSELYWOODEDAREA23456789101112131415161718192022232425262728293031323334353637383940414243444546474849505152535455565758596061626364656667686970717279787780818283848573747576868788GAS LINE, TYPFIRE HYDRANT, TYPSEWER LINE, TYPWATER LINE, TYPDRAINAGE,TYPFIREHYDRANT,TYPSEWER LINE, TYPFORCE MAIN, TYP10' LB10' LB 10' LB& SSB 10' LB 20'SUAEEXISTING 12' SUAETO REMAIN10' UE10' UE10'UE12' UE10'UE10' UEEXISTING 12' SUAETO REMAIN5' MAINTENANCEEASEMENT5' MAINTENANCEEASMENT12'12' 10' MAINTENANCEEASEMENT 10' MAINTENANCEEASEMENT5' MAINTENANCEEASEMENTEXISTING TREE TO REMAINEXISTING TREE TO BERELOCATED ON SITEEXISTING TREE TO BE REMOVEDEXISTING PALM TO REMAINNEW LOCATION OFRELOCATED TREETREE DISPOSITION PLANScale: 1" = 30'-0"15'0'60'30'90'North120'LOCATION MAPNPROSPERITY VILLAGE
21-0303DESIGNEDDRAWNAPPROVEDJOB NUMBERREVISIONSDATEDEHJAEDEHNorth Palm Beach, Floridaby agreement in writing with the architect. Immediatelyreport any discrepancies to the architect.SHEETCOTLEUR & HEARING, INC.These drawings are the property of the architect and arenot to be used for extensions or on other projects exceptOF06-24-21Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Lic LC653507-06-2107-28-2108-11-2108-30-2109-14-2110-14-218NTSSITEPGA BLVD.US HWY. 1NORTHLAKE BLVD.BURNS RD.MILITARY TRAIL
INTERSTATE 95
PROSPERITY FARMS RD.A.1.A.8EXISTING TREE LEGENDTREE DISPOSITION CHARTREPRESENTATIVE PHOTOS OF EXISTING TREE CONDITIONSOAK TREE WITH POORSTRUCTURE / SPIRAL FRACTUREEXISTING CONDITIONS /SPARSE CANOPYOAK TREE WITH ONE SIDEDCANOPY, POOR STRUCTUREOAK TREE WITH TRUNKBLEED, THIN CANOPYOAK TREE TO BE PRESERVED,NOTE PROXIMITY TO ADJACENTPROPERTYOAK TREE WITH TRUNK DECAY, ONESIDED CANOPY, POOR STRUCTURE
Design & Diversity Criteria
PROSPERITY VILLAGE
10.11.2021
INTRODUCTION
Prosperity Village will offer customizable homes with minimum three (3) different style options.
A color and materials board has been created which allows a few hundred total possible color
combinations between wall color, trim, door, and roof. This criterion serves as a foundation to
assist buyers with their design customization with a focus resulting in the highest level of quality
and aesthetics.
DIVERSITY CRITERIA
Varying elevation styles and floorplans shall be utilized in order to promote variation between
homes and avoid monotonous development.
1. No more than two dwelling units having the same elevation theme (Coastal Modern,
Florida Contemporary, Modern) shall be built adjacent to one another.
2. All roofing will be flat concrete tile or metal with color options throughout. Please see
specifications below.
3. Example below are of styles and color and variants of heights.
4. Windows shall be all impact glass. No hurricane shutters allowed.
5. Garage doors will be textured and painted neutral or stained with accent.
Massing Transection Diagram
DESIGN MODIFICATIONS
Buyers wishing to build and customize their homes shall submit the following information to the
HOA for approval:
1. Approval from the Design Review Board (DRB)
2. Black and white floor plan
3. Black and white elevations
4. Colored elevations identifying colors from the approved color board
5. Typical landscape plan (conforming to the minimum criteria)
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DESIGN GUIDELINES
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6. Cover letter demonstrating the proposed customization meets the minimum
requirements and intent of the Design Guidelines.
General Criteria
HEIGHT
No home may exceed two (2) stories or 30 feet in height measured to the median height of a
sloped roof or top of a parapet. Roof appurtenances (e.g. chimney, architectural element, etc.)
are an exception to the height limitation.
IMPERVIOUS AREA
No lot shall have more than 70% of impervious area.
USE
All lots are restricted to single-family detached residential use, designed for and occupied by one
(1) family. All homes must be a minimum of 2,800 SF under air. No more than one (1) home may
be built on a lot. Buildings accessory to the use of a home may be erected provided they are not
used as a dwelling unit and comply with all setbacks and these Design Standards.
SETBACKS
No structure shall be erected or constructed on any lot within the following minimum building
setback areas set forth in the approved on the site plan on file with the Village of North Palm
Beach.
FENCES AND GATES
All fences and gates, unless otherwise provided below, must be black decorative aluminum,
galvanized steel picket, or wrought iron and shall be designed as an extension of the architecture.
Examples of acceptable fences are below. No other fence material is permitted. Fences and gates
shall not unreasonably block preserve views of adjacent Lots. No fence shall be constructed
within the front building setback as set forth within the Development Standards. Side yard fences
are permitted to be within the side yard setback. No fence shall be constructed on a lot with a
height of more than six (6’) feet above finished lot grade. Decorative features, including but not
limited to pedestrian archways, lighting, and pillars may exceed this height requirement but shall
be no greater than eight (8’) feet in height. Lots directly abutting wooded areas and the south
development boundary, along the rear property line, are permitted to utilize green colored vinyl
chain link fence on the rear property boundary.
PROSPERITY VILLAGE
DESIGN GUIDELINES
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DRIVEWAYS
Driveways shall be constructed in such a manner so that the flare of the driveway at the adjoining
street curb, gutter or pavement does not extend beyond straight-line projection of the side
property line of the lot served by the driveway. Driveways shall be a minimum of 20’ wide for 2-
car driveways and a minimum of 30’ wide for 3-car driveways, unless there is a 1-car side-loaded
garage as shown in Figure C below. All garages shall be attached to the principal structure.
Driveways shall be constructed with decorative pavers consistent with the selections identified
on the “Color & Material Board.” Plain concrete, asphalt, mulch, gravel, or Chattahoochee stone
are prohibited. Street parking is strictly prohibited.
Figure B: Front Loaded 3-Car Garage Figure A: Front Loaded 2-Car Garage
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DESIGN GUIDELINES
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Figure D: Front Loaded 2-Car Garage and Front Loaded 1-Car
Garage Combination
ABOVE-GROUND STORAGE TANKS OR POOLS
No above-ground storage tanks or pools shall be allowed.
ACCESSORY STRUCTURES AND ENCLOSURES
All accessory structures, including but not limited to, cabanas, BBQs, covered patios, and screen
enclosures shall be compatible with the principal structure in both material and configuration,
while maintaining required setbacks and standards outlined in the Development Standards. All
screen material shall be black.
GENERATORS
No generators shall be visible from an adjacent lot, common areas, or a street. Generators shall
be located adjacent the exterior of the home and shall be screened with a wall or landscape
material. All standby generators shall be fueled by natural gas.
MAILBOXES
An USPS-approved centralized mailbox will be supplied by the community to facilitate mail
delivery. Each lot will be assigned a lockbox.
GARBAGE
Garbage receptacles shall be stored within the garage or placed on the site of the house, provided
the garbage receptable has sufficient screening either by an opaque fence or landscape material
so that it is not visible from the road or from another neighbor’s lot.
Architectural Guidelines
PRODUCT TYPES
One-story and two-story homes will be utilized throughout the community. All homes must be a
minimum of 2,800 SF under air and have a minimum of 2 car garage.
ELEVATIONS
Elevation styles include variations of Florida Contemporary, Coastal Modern, and Modern styles.
Each style and its elements are defined below.
Homes located on corner lots and other key location(specifically lots 8, 9, 10, and 11) shall include
additional architectural and additional landscape treatments on the elevation facing the side
street.
1. Florida Contemporary is defined as a style which utilizes classical elements in a clean and
contemporary fashion with quoins and stacked stone accents.
Figure C: Front Loaded 2-Car Garage and Side-Loaded 1-Car
Garage Combination Figure C: Front Loaded 2-Car Garage and Side-Loaded 1-Car
Garage Combination
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DESIGN GUIDELINES
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Elements within the Florida Contemporary style can include
• Raised entry portico feature with contemporary detailing and stone veneer
• Deep overhang
• Medium pitched roof with textured concrete tile
• Contemporary molding detail
• Stone veneer
• Wood veneer
• Contemporary garage door
• Contemporary front door
• Contemporary light fixtures
• Decorative stucco detailing
• Large glass panels with horizontal mullions
• Contemporary molding under overhang
• Color contrast between walls and banding, windowsills, and moldings
• Recesses in the wall plane
2. Coastal Modern is defined as a style which utilizes British West Indies colonial
architectural elements in a modern style.
Elements within the Coastal Modern style shall include a minimum of six (6) for standard
lots and a minimum of ten (10) for lots with enhanced side and/or rear elevations:
• Raised entry portico feature with louvers and outriggers
• Deep overhangs with outriggers
• High pitched roof with slate textured concrete roof tile
• Outriggers
• Water table
• Shutters
• 8” raised stucco headers
• Coastal/BWI style garage doors
• Coastal/BWI style front door
• Coastal/BWI style light fixtures
• Vertical casement-look windows with shutters
• Brackets under overhang
• Color contrast between walls and the banding, windowsills, and molding
• Wainscoting
• Recesses
• Headers
3. Modern is defined as a style which utilizes wood and stone veneer on simple architectural
massing to present a clean contemporary look. Simple architectural massing is the
PROSPERITY VILLAGE
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exterior wall massing which is expressed with wood and stone veneer to give texture and
character.
Elements within the Modern style shall include a minimum of six (6) for standard lots and
a minimum of ten (10) for lots with enhanced side and/or rear elevations:
• Raised entry portico feature with modern details and stone veneer
• Deep overhang
• Low pitch roof with smooth concrete roof tiles
• Articulated soffit – the raised band under the soffit where the overhang and the
wall meet and is used to create a simple decorative transition element
• Stone veneer
• Wood veneer
• Modern garage door
• Modern front door
• Modern light fixtures
• Simple massing
• Large fixed glass panels
• Raised stucco panels and banding under overhang
• Projections
• Overhangs
• Color contrast between walls, banding, and recesses
COLORS
All exterior colors, including original and future color must be in compliance with the approved
color palette for the community based on the color and materials board. There are a significant
number of wall colors, trim colors, door colors, and roof colors to choose from to allow diversity
for the community yet still provide a consistent neighborhood feel. No two (2) homes with the
same exterior wall color shall be located side by side.
VARIED LINES AND SCALE
The mass and scale of all buildings shall be visually diverse and appealing through the use of
architectural detailing, reveals, windows, patio walls, balconies and varied elevations of roof
lines.
BUILDING FINISHES
Finishes Permitted:
• Painted Stucco
• Natural stone, pre-cast stone, faux stone
• Wood mixed with CBS and Stucco
• Shingle siding and board and batten siding mixed with CBS with Stucco.
• Brick
Finishes NOT Permitted:
• Unfinished concrete block
PROSPERITY VILLAGE
DESIGN GUIDELINES
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• Reflective or mirrored glass
• Raw aluminum
• Hardboard or particle board
ROOFS
A variety of plantation slate and plantation smooth roof, as well as standing seam metal roof
options and colors have been determined within the color and materials board. No fasteners
may be visible. The roof pitch shall be determined by the style of home.
1. Florida Contemporary: 5/12 roof pitch
2. Coastal Modern: 6/12 roof pitch
3. Modern: 5/12 roof pitch
Patio, loggia, or lanai roofs shall be designed with architectural detailing to match that of the
Home.
LIGHTING
The following examples of wall-mounted lights and color options can be used based on the style
selected:
If lighting options are discontinued, new fixtures can be selected that are consistent with the
style and intent of the provided options.
1. Florida Contemporary: Samples
Location: Main door on side elevation
Hinkley Lighting, Inc.
Small Wall Mount Lantern 1220TT/1220BZ
Colors: Titanium or Bronze
Location: Front elevation on sides of garage
Hinkley Lighting, Inc.
Medium Wall Mount Lantern 1224TT/1224BZ
Colors: Titanium or Bronze
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DESIGN GUIDELINES
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2. Coastal Modern:
3. Modern:
ROOF VENTS AND CHIMNEYS
All roof-mounted vents or stacks shall be painted to match the color of the roof and be placed on
back side of roofs. All chimney stacks shall be the same color as the body of the house. All
chimneys shall be capped with either a tile or copper roof and accented with stucco and banding.
Each shall be consistent with the style of the structure.
Location: Main door on side elevation
Hinkley Lighting, Inc.
Small Wall Mount Lantern 1000OZ/1000SI
Colors: Satin Nickel or Oil Rubbed Bronze
Location: Front elevation on sides of garage
Hinkley Lighting, Inc.
Large Outdoor Wall Mount Lantern 1005OZ/1000SI
Colors: Satin Nickel or Oil Rubbed Bronze
Location: Main door on side elevation
Hinkley Lighting, Inc.
Small Wall Mount Lantern 2850TT/2850BZ
Colors: Titanium or Bronze
Location: Front elevation on sides of garage
Hinkley Lighting, Inc.
Medium Wall Mount Lantern 2854TT/2854BZ
Colors: Titanium or Bronze
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DESIGN GUIDELINES
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REQUIRED GAS APPLIANCES
All homes, at minimum, shall have the following natural gas appliances: One (1) on-demand hot
water device (e.g. tankless water heater), one (1) gas range; one (1) gas dryer.
SWIMMING POOLS, SPAS AND HOT TUBS
The design and location of all swimming pools, spas, and hot tubs must be approved in
accordance with the setbacks provided for in Development Standards. Direct drainage of water
from swimming pools, spas, or hot tubs into any common area, water feature, or adjacent lot
shall not be permitted.
General Criteria for Landscaping of Custom Lots
STREET TREES AND PALMS
The developer shall install the minimum street trees or palms per the applicable site plan
approval by the City of North Palm Beach. Site conditions will be considered by developer and
the Design Review Board (DRB) regarding the positioning of these trees. The developer shall be
required to verify the location of all utilities and required offsets.
TYPICAL LOT LANDSCAPING
Owners are encouraged to customize their lot landscaping. As a minimum, the standards below
must be met.
Plant Type Size Description * Min Quantity
Per Lot
SHADE TREES
(Oak)
12' HT X 5' SPRD
5” caliper min.
FULL AND DENSE, FL
#1 GRADE 1
FLOWERING /
ACCENT TREES 5'-10' HT X 2.5'-4' SPRD FULL AND DENSE, FL
#1 GRADE 1
PALMS (SINGLE
TRUNK) 10'-18' OA HT FL #1 GRADE 2
PALMS (DOUBLE
TRUNK) 10'-18' OA HT FL #1 GRADE 1
PALMS (TRIPLE
TRUNK) 10'-18' OA HT FL #1 GRADE 1
ACCENT SHRUBS 7-25 GAL FL #1 GRADE 3
SHRUBS /
HEDGES 7-25 GAL FL #1 GRADE 44
GROUND COVERS 1-3 GAL MIN, 24" OA HT MIN,
36" OC FL #1 GRADE 34
*These quantities are intended as a guide for keeping a standard in the community, special
lot circumstances may require alternative compliance.
VILLAGE OF NORTH PALM BEACH
VILLAGE ATTORNEY’S OFFICE
COMMUNITY DEVELOPMENT
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Leonard G. Rubin, Village Attorney
Jeremy Hubsch, Community Development Director
DATE: October 28, 2021
SUBJECT: ORDINANCE 1st Reading – Amending Chapter 2 of the Village Code to modify the
procedures for civil code enforcement citations.
The Village Council first authorized the use of civil citations for code enforcement through the adoption
of Ordinance No. 2009-11 on September 10, 2009. While the citation process has not been utilized often
in the past, Staff is proposing modifications to the Code to clarify the procedures applicable to the
issuance of citations and make them slightly more user friendly. Specifically, the attached Ordinance
provides as follows:
Authorizes the park ranger to issue code citations in Village parks;
Substitutes the Code Enforcement Special Magistrate for the Code Enforcement Board; and
Clarifies that a person who fails to request a hearing, fails to pay the fine within the time specified
or unsuccessfully challenges the citation is subject to the maximum civil penalty of up to $500.00
plus administrative costs.
On second reading, Staff will be bringing forward a Resolution to update the list of Code sections that
may be enforced by citation and to modify the fine schedule for various violations of the Village Code.
There is no fiscal impact.
The attached Ordinance has been prepared by the Village Attorney and reviewed for legal sufficiency.
Recommendation:
Village Staff requests Council consideration and approval on first reading of the attached
Ordinance amending Chapter 2 of the Village Code of Ordinances to modify the procedures for
the issuance of civil code enforcement citations in accordance with Village policies and
procedures.
Page 1 of 4
ORDINANCE NO. 2021-___ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3
PALM BEACH, FLORIDA, AMENDING CHAPTER 2, “ADMINISTRATION,” OF 4
THE VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE VII, 5
“ALTERNATE METHOD OF CODE ENFORCEMENT,” TO MODIFY THE 6
PROCEDURES APPLICABLE TO THE ISSUANCE OF CIVIL CODE 7
ENFORCEMENT CITATIONS; PROVIDING FOR CODIFICATION; PROVIDING 8
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR 9
AN EFFECTIVE DATE. 10
11
WHEREAS, the Village of North Palm Beach, as a duly organized Florida municipality, 12
possesses the home rule powers conferred upon it by the Florida Constitution and Chapter 166, 13
Florida Statutes; and 14
15
WHEREAS, through the adoption of Ordinance No. 2009-11 on September 10, 2009, the 16
Village Council adopted a new Article VII, “Alternate Method of Code Enforcement,” of Chapter 2 of 17
the Village Code of Ordinances to provide a streamlined process for the issuance and disposition of 18
citations as an alternate method of code enforcement; and 19
20
WHEREAS, the Village Council wishes to amend Article VII to update and clarify the 21
procedures for the issuance of code enforcement citations and allow for the issuance of citations by a 22
park ranger for violations occurring within Village parks; and 23
24
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best 25
interests of the residents and citizens of the Village. 26
27
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 28
NORTH PALM BEACH, FLORIDA as follows: 29
30
Section 1. The foregoing “Whereas” clauses are hereby ratified as true and correct and are 31
incorporated herein. 32
33
Section 2. The Village Council hereby amends Chapter 2, “Administration,” of the Village Code 34
of Ordinances by adopting a new Article VII, “Alternate Method of Code Enforcement,” to read as 35
follows (additional language is underlined and deleted language is stricken through): 36
37
ARTICLE VII. ALTERNATE METHOD OF CODE ENFORCEMENT 38
39
Sec. 2-251. Issuance of citations. 40
41
A code compliance officer, sworn police officer or public safety aide may issue 42
a citation to a person when, based on personal investigation, the officer or aide has 43
reasonable cause to believe that the person has committed a civil infraction in violation 44
of a duly enacted code or ordinance for which enforcement by citation has been 45
authorized., and the For violations occurring within a village park, a citation may be 46
issued by a park ranger. 47
48
49
Page 2 of 4
Sec. 2-252. Hearing. 1
2
The the village's code enforcement board special magistrate will hold a hearing 3
on the violation if the citation is either contested or if the fine applicable civil penalty 4
is not paid within the time specified in the citation. 5
6
Sec. 2-252 253. Form and contents of citation. 7
8
(a) The citation issued by the code compliance officer, sworn police officer 9
or public safety aide shall be in a form prescribed by the Village, and shall contain, at 10
a minimum, the following: 11
12
(1) The date and time of issuance; 13 14 (2) The name and address of the person to whom this citation is issued; 15 16 (3) The date and time the civil infraction was committed; 17 18 (4) A brief description of the violation; 19 20 (5) The number of or section of the code or ordinance violated; 21 22 (6) The name of the issuing officer or aide person; 23 24
(7) The procedure for the person to follow in order to pay the civil penalty 25
or contest the citation; 26 27 (8) The applicable civil penalty if the person elects to contest the citation; 28 29 (9) The applicable civil penalty if the person elects not to contest the 30
citation; and 31 32 (10) A conspicuous statement if the person fails to pay the civil penalty 33
within the time allowed or fails to appear request a hearing before the 34
village's code enforcement board special magistrate to contest the 35
citation, the person shall be deemed to have waived his or her right to 36
contest the citation and that, in such case, judgment may be entered 37
against the person for an amount up to the maximum civil penalty set 38
forth in section 2-255 below. 39
40
(b) After issuing a citation to an alleged violator, an officer or aide the 41
issuing person shall provide the original citation and one copy of the citation to the 42
village's code enforcement division for further processing. 43
44
Sec. 2-253 254. Codes to be enforced by citation. 45
46
The village council shall establish, by resolution, a schedule of the code 47
sections that, due to their nature, lend themselves to enforcement by means of the 48
citation method, in addition to a schedule of penalties for violation of these sections. 49
The schedule of code sections and penalties may be amended at the discretion of the 50
village council. 51
52
Page 3 of 4
Sec. 2-254 255. Right to hearing; maximum penalty. 1
2
(a) Upon receipt of a citation, a person alleged to have violated the village 3
code may request a hearing before the Village's code enforcement board special 4
magistrate and present his or her case to the board. 5
6
(b) All violations shall be considered civil infractions., and the 7
8
(c) The code enforcement board special magistrate may assess a maximum 9
civil penalty not to exceed $500.00, plus the village's administrative costs if the 10
violation is contested and upheld or if the person issued the citation fails to pay the 11
civil penalty or request a hearing within the time specified on the citation. 12
13
Sec. 2-255 256. Failure to accept citation. 14
15
Any person who willfully refuses to sign and accept a citation issued by a code 16
compliance officer, sworn police officer, or public safety aide or other designated 17
person shall be guilty of a misdemeanor of the second degree, punishable as provided 18
in F.S. § 775.082 or F.S. § 775.083. 19
20
Sec. 2-256 257. Provisions additional and supplemental. 21
22
This article constitutes an additional and supplemental means of enforcing the 23
provisions of the village code. Nothing contained in this division shall prohibit the 24
village from enforcing its codes or ordinances by other lawful means. 25
26
Section 3. The provisions of this Ordinance shall become and be made part of the Code of 27
Ordinances for the Village of North Palm Beach, Florida. 28
29
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is for 30
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such 31
holding shall not affect the remainder of the Ordinance. 32
33
Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict 34
herewith are hereby repealed to the extent of such conflict. 35
36
Section 6. This Ordinance shall be effective immediately upon adoption. 37
38
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2021. 39
40
PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF ___________, 41
2021. 42
43
(Village Seal) 44
MAYOR 45
46
ATTEST: 47
48
49
VILLAGE CLERK 50
Page 4 of 4
APPROVED AS TO FORM AND 1
LEGAL SUFFICIENCY: 2
3
4
VILLAGE ATTORNEY 5
VILLAGE OF NORTH PALM BEACH
PARKS & RECREATION
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Zakariya M. Sherman, Director of Leisure Services
DATE: October 28, 2021
SUBJECT: ORDINANCE 1st Reading – Amending Chapter 20 (Parks, Playgrounds and
Recreation) of the Village Code of Ordinances to adopt a new Section 20-10
prohibiting Fires and Grills
Village Staff is recommending the adoption of an Ordinance amending Chapter 20 (Parks,
Playgrounds and Recreation) of the Village Code of Ordinances to adopt a new section prohibiting
fires and grills within the limits of any of the Village’s park or recreational areas, including the
North Palm Beach Country Club.
Background:
There have been a number of recent incidents involving people using charcoal or gas grills in
Village parks, including Lakeside Park and Anchorage Park. Grills are potential safety hazards
due to their ability to burn, char, mar or blemish Village property, including pavilions, picnic tables,
benches, trees, and grass. Furthermore, charcoal or propane tanks left in the grassy areas or on
the beach without being disposed of properly interfere with the recreational use of such property
by Village residents and other members of the public.
Staff has received multiple complaints from residents regarding fires and grills in Village parks or
recreational areas:
Hot coals dumped on the grass at Lakeside Park, burning a small patch of grass;
Hot coals dumped on the beach at Lakeside Park, posing a safety hazard for those walking
on the sand;
Disposable charcoal grills left in the parks on the grass or beach, along with their
packaging; and
At Anchorage Park, there have been reports of people grilling under the pavilion.
Although the Police Department has assisted Parks and Recreation staff by enforcing existing
parks-related ordinances, a clear prohibition of fires and the use of grills that aren’t provided by
the Village (ie permanently installed grills) will provide staff with another tool to prevent potential
safety hazards and maintenance-related issues in the Village’s park and recreation areas.
Ordinance Detail:
No person, other than members of village staff or licensed contractors act ing under the authority
of the Village, shall build, light or cause to be lighted any fire within the limits of any Village park
and recreational area, including the North Palm Beach Country Club. This prohibition shall
specifically include fires within any type of suitable container, including, but not limited to,
barbeque grills and fire pits. The exception to this prohibition is if the Village provides a grill or
fire pit as an amenity in a park.
The attached Ordinance has been prepared and reviewed for legal sufficiency by the Village
Attorney.
Recommendation:
Village Staff recommends Council consideration and adoption on first reading of the
attached Ordinance amending Chapter 20 of Parks, Playgrounds and Recreation to adopt
a new Section 20-10 prohibiting fires and grills in Village parks and recreation areas in
accordance with Village policies and procedures.
Page 1 of 2
ORDINANCE NO. 2021-___ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3
NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, “IN 4
GENERAL,” OF CHAPTER 20, “PARKS, PLAYGROUNDS AND 5
RECREATION,” OF THE VILLAGE CODE OF ORDINANCES TO ADOPT A 6
NEW SECTION 20-10, “PROHIBITED FIRES AND GRILLS;” PROVIDING 7
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 8
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 9
10
WHEREAS, the Village wishes to prohibit fires, including those in barbeque grills that are not 11
provided by the Village, within Village park facilities and recreation areas; and 12
13
WHEREAS, the Village Council determines that the adoption of this Ordinance promotes the 14
health, safety and welfare of the residents and citizens of the Village of North Palm Beach. 15
16
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 17
OF NORTH PALM BEACH, FLORIDA as follows: 18
19
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 20
21
Section 2. The Village Council hereby amends Article I, “In General,” of Chapter 20, “Parks, 22
Playgrounds and Recreation,” of the Village Code of Ordinances by adopting a new Section 20-23
11 to read as follows (additional language underlined): 24
25
ARTICLE I. IN GENERAL 26
27
* * * 28
29
Sec. 20-11. Fires and grills prohibited. 30
31
No person, other than members of village staff or licensed contractors acting 32
under the authority of the village, shall build, light or cause to be lighted any fire 33
within the limits of any village park and recreational area, including the North Palm 34
Beach Country Club. This prohibition shall specifically include fires within any 35
type of suitable container, including, but not limited to, barbeque grills and fire pits 36
that are not provided by the village. 37
38
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of 39
the Village of North Palm Beach, Florida. 40
41
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 42
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 43
such holding shall not affect the remainder of this Ordinance. 44
45
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in 46
conflict herewith are hereby repealed to the extent of such conflict. 47
48
Page 2 of 2
Section 6. This Ordinance shall take effect immediately upon adoption. 1
2
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2021. 3
4
PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 5
2021. 6
7
(Village Seal) 8
MAYOR 9
10
11
ATTEST: 12
13
14
VILLAGE CLERK 15
16
17
APPROVED AS TO FORM AND 18
LEGAL SUFFICIENCY: 19
20
21
VILLAGE ATTORNEY 22
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Jeremy Hubsch, Director of Community Development
DATE: October 28, 2021
SUBJECT: ORDINANCE 2nd READING – Establishing a Zoning in Progress for the
Construction of Single-Family Homes in the R-1 Single-Family Zoning
District
At the March 2nd Planning Commission meeting, staff gave a presentation about large homes that
are being constructed in the Village and options that are available to address concerns being
raised by residents, Planning Commission members, and the Village Council. Staff then gave a
similar presentation to the Village Council at its April 8th meeting. The Council discussed possible
strategies to develop and implement a revised residential Code, including a moratorium on tear-
down and rebuilds or an expedited process to develop new Code provisions. Staff requested
time to evaluate strategies in order to accomplish Council’s policy objectives.
At a May 13, 2021 Village Council Workshop, Village staff shared some preliminary observations
about the housing trends in the Village with the Council and discussed possible methods to
address Council’s policy direction. Specifically, staff recommended establishing a “Zoning in
Progress” (ZIP) for the R-1 Zoning District that would continue to allow redevelopment of
residential properties within certain parameters until amendments to the Code can be adopted.
Staff also recommended the creation of an Ad-Hoc Committee of residents to evaluate permanent
code changes during the ZIP.
Staff then drafted a Zoning in Progress Ordinance and presented it to the Planning Commission
on June 8, 2021. The Planning Commission unanimously recommended approval. The Ordinance
was brought to Village Council initially on July 8, 2021, but was ultimately tabled, as two members
of the Council were absent. The Ordinance was again brought forward to Village Council on
August 12, 2021. At that meeting, the Village Council tabled consideration of the ZIP Ordinance
and opted to appoint members to the Ad-Hoc Committee at its August 26th meeting. The Council
further requested that the Ad-Hoc Committee review the proposed ZIP and provide
recommendations in October.
The Ad-Hoc Committee met on September 20th to review the proposed ZIP. All members and
alternates were in attendance, as were several residents. The Ad-Hoc Committee discussed the
ZIP standards at length and generally agreed that the ZIP standards were a reasonable temporary
solution. The committee voted 6-1 to recommend adoption of staff’s recommendations regarding
minimum landscaped area and 2nd story floor area. Due to uncertainty about the proposed
maximum building height of thirty feet, the Ad Hoc Committee opted to recommend increasing it
to thirty-five feet for ridged roofs and thirty feet for flat roofs. Some members noted that there were
some issues such as building height and 2nd story floor area that they would like to further evaluate
during the ZIP.
Background:
A major concern identified in the Citizens’ Master Plan was to “make sure the mass of new houses
is compatible with adjacent houses”. A high priority task included in the Master Plan is to
“establish regulations for infill single-family that ensure compatibility in the neighborhoods”. Since
adoption of the Master Plan, reviewing the Village’s residential zoning code has been listed as a
high priority task in the Village Council’s Strategic Plan.
Based on feedback from the Planning Commission, Village Council, and community, along with
knowledge of best practices in other municipal zoning codes; staff believes there are a myriad of
issues to address during the residential code re-write process. However, much like the
commercial code re-write, this a substantial undertaking that may take well over a year to
complete. The Village is currently in the midst of a significant residential building boom, where
smaller homes are being torn down and replaced with much larger homes. Some residents
believe these new homes are permanently altering the character of the community. Establishing
a ZIP will allow the Village to temporarily create standards for properties in the R-1 Zoning District,
while more comprehensive codes are workshopped and evaluated.
Zoning in Progress Ordinance
Staff presented the Zoning in Progress Ordinance to the Planning Commission on June 8, to
Village Council on July 8 and August 12, and to the Residential Ad-Hoc Committee on September
20. As proposed, the ZIP will allow new construction and renovations to occur within certain
parameters while the Village is undergoing the process of creating permanent updates to the R-
1 Zoning Code.
The ZIP is proposed to last six months from the date of adoption, with the possibility of a six-
month extension by resolution of the Village Council. As proposed, the ZIP Ordinance will
establish regulations for three issues that have been identified in the R-1 Zoning District:
A. Minimum Landscaped Area-There is currently no minimum required landscaped area or
impervious surface restriction in the R-1 Zoning District. The proposed ZIP requires:
1. All one-story single-family homes shall have a minimum landscaped area of thirty-five
percent (35%)
2. All two-story single-family homes shall have a minimum landscaped area of forty percent
(40%)
3. All single-family homes (both one and two story) shall provide a minimum landscaped area
of fifty percent (50%) in the required twenty-five foot (25’) front yard setback. Properties
with frontage along collector roads (Lighthouse Drive and Prosperity Farms Road) shall
provide a minimum landscaped area of forty percent (40%) in the required twenty-five foot
(25’) front setback. Properties that have an irregular lot shape, meaning a lot which is not
close to rectangular or square, and in which the width of the property at the front property
line is less than required by the underlying zoning district shall provide a minimum
landscaped area of twenty-five percent (25%) in the required twenty-five foot (25’) front
setback.
For the purposes of this subsection, the term minimum landscaped area shall mean a pervious
landscaped area unencumbered by structures, buildings, paved or grass parking lots,
sidewalks, pools, decks, or any impervious surface. Landscape material shall include, but not
be limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, or decorative
rock or bark. No landscape material shall be used for parking.
With respect to building permits for renovations of existing single -family homes, the minimum
landscaped area standards shall apply only to the extent that the proposed scope of work
impacts the applicable standard.
B. Building Height-The code currently limits homes to a maximum of two-stories, but does not
establish a maximum building height in feet. The proposed ZIP requires:
All single-family homes shall be limited to two stories and thirty feet (30’) in height for flat roofs
and thirty-five feet (35’) feet for all other types of roofs, including gable, hip, gambrel and shed
roofs.
For the purposes of this subsection, height shall be measured from the average elevation of the
existing grade prior to land alteration for properties outside of special flood hazard areas and from
the required design flood elevation for properties within special flood hazard areas. Height shall
be measured to the highest point of the following:
(1) the coping of a flat roof and the deck lines on a mansard roof;
(2) the average height level between the eaves and roof ridges or peak for gable, hip or
gambrel roofs; or
(3) the average height between high and low points for a shed roof.
Decorative architectural elements, chimneys, mechanical equipment, non-habitable
cupolas, elevator shafts or similar appurtenances shall be excluded from the foregoing
height restrictions.
C. Second-story floor area-There are currently no restrictions on the mass of two-story homes.
The proposed ZIP requires:
The floor area of the second story of a single-family home shall be limited to seventy-five percent
(75%) of the floor area of the first story.
For the purposes of this subsection, floor area shall mean all space within the exterior walls of a
structure and shall include roofed patios or balconies for the second story.
Updates Since First Reading
Staff’s initial ZIP Ordinance included an administrative deviation process that would have allowed
the Community Development Director to approve building permits that minimally exceeded the
ZIP standards. The Ad Hoc Committee voted to eliminate this process, as they were not in favor
of Village Staff having to make such determinations. Staff is proposing an alternative method that
will give property owners an option to gain approval of their permit if they do not comply with the
ZIP standards. The proposed process will enable property owners to apply to the Planning
Commission for a “waiver” from the ZIP standards provided the waiver meets the general intent
of the ZIP Ordinance and does not:
1. Exceed the maximum building height by more than five (5) feet;
2. Reduce any required minimum landscaped area requirement by more than five
percent (5%); and
3. Increase the limitation on the floor area of the second story by more than five
percent (5%).
Property owners seeking waivers will need to provide public notice to all adjacent property owners
of the date of the Planning Commission public hearing in the same manner as those seeking
dimensional exceptions from the Boat and RV Ordinance.
Additionally, the Ordinance has been amended to expressly state that the ZIP standards will only
apply to permits that are submitted to the Village after the effective date of the ZIP Ordinance.
While this was always the intent, the Ordinance has now been clarified.
Recommendation: Village Staff, the Planning Commission, and Residential Ad-Hoc Committee
recommend approval of Ordinance No. 2021-_______ establishing a Zoning in Progress for the
Construction of Single-Family Homes in the R-1 Single-Family Zoning District.
Page 1 of 4
ORDINANCE NO. _____ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3
PALM BEACH, FLORIDA, ESTABLISHING A ZONING IN PROGRESS FOR THE 4
CONSTRUCTION OF SINGLE-FAMILY HOMES IN THE R-1 SINGLE-FAMILY 5
DWELLING ZONING DISTRICT; PROVIDING FOR EXPIRATION AND 6
EXTENSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; 7
AND PROVIDING FOR AN EFFECTIVE DATE. 8
9
WHEREAS, through the adoption of Resolution No. 2016-73 on October 27, 2016, the Village Council 10
formally adopted “The Village of North Palm Beach Citizens’ Master Plan Report dated October 20, 11
2016” (“Master Plan”) prepared by the Treasure Coast Regional Planning Council, including the 12
recommendations contained therein, as setting forth the guiding principles for future development and 13
redevelopment within the Village; and 14
15
WHEREAS, the Master Plan identified ensuring “the mass of new houses is compatible with adjacent 16
houses” as a major concern and included establishing “regul ations for infill single-family that ensure 17
compatibility in the neighborhoods” as a high priority task; and 18
19
WHEREAS, since adoption of the Master Plan, the Village Council has identified review of the 20
Residential Zoning Code as a high priority in its Strategic Plan; and 21
22
WHEREAS, the Village is experiencing a building boom, where smaller homes are being torn down and 23
replaced by larger homes, and while many of the new homes are in scale with the community, a number 24
of residents have raised concerns that larger, massive homes built to the current setbacks are permanently 25
altering the character of the Village; and 26
27
WHEREAS, the common concerns raised about larger homes are too much massing, height, lot coverage 28
and impervious area, together with the lack of architectural character; and 29
30
WHEREAS, to address these issues, the Village Council has created an ad-hoc committee to review and 31
evaluate changes to the zoning regulations for the R-1 Single-Family Dwelling Zoning District and to 32
declare a Zoning in Progress that would allow homes to be constructed and renovated within the R-1 33
District subject to certain parameters relating to the height of two-story homes, the massing of the second 34
story and the amount of landscaped open space; and 35
36
WHEREAS, the Village Council further wishes to allow for waivers from these standards to be reviewed 37
by the Planning Commission; and 38
39
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests 40
of the residents and citizens of the Village of North Palm Beach. 41
42
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 43
NORTH PALM BEACH, FLORIDA as follows: 44
45
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 46
47
Page 2 of 4
Section 2. As of the effective date of this Ordinance, all applications for building permits relating to 1
the construction or renovation of single-family homes in the R-1 Single-Family Dwelling Zoning District 2
shall comply with the following requirements: 3
4
A. Minimum landscaped area. 5
6
(1) All one-story single-family homes shall have a minimum landscaped area of thirty-five 7
percent (35%). 8
9
(2) All two-story single-family homes shall have a minimum landscaped area of forty percent 10
(40%). 11
12
(3) All single-family homes (both one and two story) shall provide a minimum landscaped 13
area of fifty percent (50%) in the required twenty-five foot (25’) front yard setback. 14
Properties with frontage along collector roads (Lighthouse Drive and Prosperity Farms 15
Road) shall provide a minimum landscaped area of forty percent (40%) in the required 16
twenty-five foot (25’) front setback. Properties that have an irregular lot shape, meaning 17
a lot which is not close to rectangular or square, and in which the width of the property 18
at the front property line is less than required by the underlying zoning district shall 19
provide a minimum landscaped area of twenty-five percent (25%) in the required twenty-20
five foot (25’) front setback. 21
22
For the purposes of this subsection, the term minimum landscaped area shall mean a pervious 23
landscaped area unencumbered by structures, buildings, paved or grass parking lots, sidewalks, 24
pools, decks, or any impervious surface. Landscape material shall include, but not be limited 25
to, grass, ground covers, bushes, shrubs, hedges or similar plantings, or decorative rock or bark. 26
No landscape material shall be used for parking. 27
28
With respect to building permits for renovations of existing single -family homes, the minimum 29
landscaped area standards shall apply only to the extent that the proposed scope of work 30
impacts the applicable standard. 31
32
B. Building height 33
34
All single-family homes shall be limited to two stories and thirty feet (30’) in height for flat roofs 35
and thirty-five feet (35’) feet for all other types of roofs, including gable, hip, gambrel and shed 36
roofs. 37
38
For the purposes of this subsection, height shall be measured from the average elevation of the 39
existing grade prior to land alteration for properties outside of special flood hazard areas and 40
from the required design flood elevation for properties within special flood hazard areas. Height 41
shall be measured to the highest point of the following: 42
43
(1) the coping of a flat roof and the deck lines on a mansard roof; 44
45
(2) the average height level between the eaves and roof ridges or peak for gable, hip or 46
gambrel roofs; or 47
48
(3) the average height between high and low points for a shed roof. 49
Page 3 of 4
1
Decorative architectural elements, chimneys, mechanical equipment, non-habitable cupolas, 2
elevator shafts or similar appurtenances shall be excluded from the foregoing height restrictions. 3
4
C. Second-story floor area 5
6
The floor area of the second story of a single-family home shall be limited to seventy-five percent 7
(75%) of the floor area of the first story. 8
9
For the purposes of this subsection, floor area shall mean all space within the exterior walls of a 10
structure and shall include roofed patios or balconies for the second story. 11
12
D. Waivers 13
14
An applicant for a building permit for a single-family residence may seek one or more waivers 15
from the standards set forth in this Ordinance. The Planning Commission may approve waivers 16
to these standards provided that the proposed residence otherwise meets the general intent of this 17
Ordinance and the requested waiver does not: 18
19
1. Exceed the maximum building height by more than five (5) feet; 20
21
2. Reduce any required minimum landscaped area requirement by more than five percent 22
(5%); and 23
24
3. Increase the limitation on the floor area of the second story by more than five percent 25
(5%). 26
27
Waiver requests shall be filed with the Community Development Director, and the Director shall 28
place the request on the next available Planning Commission agenda. The applicant shall be 29
required to notify all adjacent property owners, including the owners of properties separated from 30
the applicant’s property by a public or private right-of-way, of the Planning Commission’s 31
consideration of the waiver request. Such notice shall be on a form supplied by the Community 32
Development Department. Ownership shall be determined utilizing the County Property 33
Appraiser’s database. A least seven (7) days prior to the Planning Commission’s consideration 34
of the waiver request, the applicant shall provide a notarized certification that such notice has 35
been provided to all adjacent property owners either via first-class mail or hand-delivery. No 36
additional notice shall be required. 37
38
Section 3. This Zoning in Progress shall expire six (6) months from its effective date or the date the 39
Village Council formally adopts revisions to the zoning regulations for the R-1 Single-Family Dwelling 40
District, whichever shall first occur. If the Village Council determines that additional time is necessar y 41
to review and adopt such revisions, the Village Council may extend the Zoning in Progress by resolution 42
for an additional six (6) month period. 43
44
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any 45
reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding 46
shall not affect the remainder of this Ordinance. 47
48
Page 4 of 4
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict 1
herewith are hereby repealed to the extent of such conflict. 2
3
Section 6. This Ordinance shall take effect immediately upon adoption and shall apply to all building 4
permit applications for single-family homes in the R-1 Single-Family Zoning District submitted after the 5
effective date. 6
7
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2021. 8
9
PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 2021. 10
11
12
13
(Village Seal) 14
MAYOR 15
16
17
ATTEST: 18
19
20
VILLAGE CLERK 21
22
APPROVED AS TO FORM AND 23
LEGAL SUFFICIENCY: 24
25
26
VILLAGE ATTORNEY 27
28
VILLAGE OF NORTH PALM BEACH
OFFICE OF THE VILLAGE CLERK
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Jessica Green, Village Clerk
DATE: October 28, 2021
SUBJECT: MOTION – Approval of merit increase for the Village Clerk
Each year, all Village employees are evaluated on their performance during the previous twelve
months and typically receive either merit increases based upon a final numeric score or step-plan
increases in accordance with collective bargaining agreements. Those performance evaluations
are completed by the respective first line supervisors and in conjunction with the respective
employee’s anniversary (hire) date or date of promotion, whichever is applicable.
Likewise, the Village Clerk is evaluated by all five members of the Village Council. The numeric
scores of those five performance evaluations are then averaged and a final score established.
That score is then converted to a percentage score, which determines the increase in salary.
The evaluation form consists of nine categories with numerical ratings from zero (below standards) to
three (exceptional), as well as a rating of not applicable. This year, out of a possible high score of 135,
the Clerk received a score of 114.5, which equates to an average score of 22.90, or an average
percentage score of 85%. As shown on the attached merit calculation form, the Clerk’s merit
increase is calculated at 4.2% (85% of 5). The effective date of the merit increase is retroactive to
August 8, 2021.
Article IV, section 8(c) of the Village Charter provides that “the compensation of the clerk shall be
fixed by the council.”
The attached merit calculation form has been reviewed by the Human Resources Department.
Recommendation:
Village Administration requests Council consideration and approval of a motion granting
a merit increase of 4.2% to the Village Clerk based on the average score of each
Councilmember’s performance evaluation and directing Village Administration to process same.
1 21.00
2 23.00
3 25.50
4 25.00
5 20.00
TOTAL 114.50
AVERAGE 22.90
Weighted Score
Highest
Possible Score
COMBINED TOTAL 114.50 135.00
85%
AVERAGED TOTAL 22.90 27.00
PERCENTAGE SCORE 85%
Max for 5% (100% of Possible)27
Min for 2% (67% of Possible)18
Percentage Increase to Pay 4.2 %
Evaluation Worksheet - Conversion from Score to %-age increase
Village of North Palm Beach
FISCAL YEAR 2019-2020
Merit range: 2% - 5%. Employees must receive a minimum of 67% to be eligible for any merit increase.
EVALUATION SCORES
PERCENTAGE SCORE
VILLAGE OF NORTH PALM BEACH
VILLAGE ATTORNEY’S OFFICE
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Leonard G. Rubin, Village Attorney
DATE: October 28, 2021
SUBJECT: RESOLUTION – Amending Resolution No. 2019-51 to recognize a name change for
the Village’s provider of athletic field turf maintenance services and to modify the
account number for the expenditure of funds.
Through the adoption of Resolution No. 2019-51 on June 27, 2019, the Village Council approved a contract
with STO Landscape Services, Inc. to provide athletic field turf maintenance services. On September 1,
2020, STO Landscape Services, Inc. notified the Village that the company name has changed to Haverland
Ag Innovations, Inc. Additionally, commencing with the Fiscal Year 2022 budget, the Village has moved
oversight of this contract from the Public Works Department to the Parks and Recreation Department. The
attached Resolution recognizes the name change of the company providing athletic field turf maintenance
services and amends the account number for expenditures from Account No. A7321-33491 (Streets &
Grounds – Contractual Services) to Account No. A8028-33491 (Recreation – Contractual Services).
The attached Resolution has been prepared by this office and reviewed for legal sufficiency.
Recommendation:
Village staff requests Council consideration and approval of the attached Resolution recognizing
a name change for the Village’s provider of athletic field turf maintenance services and modifying
the account number for the expenditure of funds in accordance with Village policies and
procedures.
RESOLUTION 2021-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AMENDING RESOLUTION NO. 2019-51 TO
RECOGNIZE A NAME CHANGE FOR THE VILLAGE’S PROVIDER OF
ATHLETIC FIELD TURF MAINTENANCE SERVICES AND MODIFY THE
ACCOUNT NUMBER FOR THE EXPENDITURE OF FUNDS; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution No. 2019-51 on June 27, 2019, the Village Council
approved a contract with STO Landscape Services, Inc. to provide athletic field turf maintenance
services; and
WHEREAS, on September 1, 2020, STO Landscape Services, Inc. notified the Village that the
company name has changed to Haverland Ag Innovations, Inc.; and
WHEREAS, the Village Council wishes to recognize the name change as well as move the oversight
of this Contract from the Public Works Department to the Parks and Recreation Department
commencing with the Fiscal Year 2022 budget; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests
of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby recognizes a change in the name of its athletic field turf
maintenance provider from STO Landscape Services, Inc. to Haverland Ag Innovations, Inc. Because
oversight of this Contract has changed from the Public Works Department to the Park and Recreation
Department, all funds expended for these services shall be charged to Account No. A8028-33491
(Recreation – Contractual Services).
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall take effect retroactive to October 1, 2021.
PASSED AND ADOPTED THIS ____DAY OF ____________, 2021.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
i
RESOLUTION 2019-51
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ACCEPTING THE PROPOSAL
SUBMITTED BY STO LANDSCAPE SERVICES, INC. FOR ATHLETIC FIELD
TURF MAINTENANCE SERVICES AND AUTHORIZING THE MAYOR
AND VILLAGE CLERK TO EXECUTE A CONTRACT RELATING TO
SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 21, 2019, the Village issued a Request for Proposals for Athletic Field
Bermuda Turf Maintenance Services ("RFP"); and
WHEREAS, the Village received one proposal in response to the RFP; and
WHEREAS, Village Staff recommended accepting the proposal submitted by STO Landscape
Services, Inc., the Village's current service provider, based on its cost-effectiveness (no price
increase from 2017) and the company's record of past performance; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council accepts the proposal submitted by STO Landscape Services, Inc.
to provide landscaping and grounds maintenance services at a total annual cost not to exceed
199, 673.00, with funds expended from Account No. A7321-33491 (Streets & Grounds —
Contractual Services). The Village Council further authorizes the Mayor and Village Clerk to
execute a contract with STO Landscape Services, Inc. for the performance of such services,
a copy of which is attached hereto and incorporated herein.
Section 3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS
27TH DAY OF JUNE, 2019.
Vi'llage Seal)
ATTEST:
VeplfW/A
VIUAGE CLE
MAYOR
CONTRACT
This Contract is made as of the d W day of /1/ 2019, by and between the
VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under
the laws of the State of Florida, hereinafter referred to as VILLAGE, and STO LANDSCAPE
SERVICES, INC., a Florida corporation, hereinafter referred to as the CONTRACTOR, whose
Federal I.D. is 27-0600946.
In consideration of the promises and mutual covenants herein contained, it is hereby agreed that
the CONTRACTOR shall provide to the VILLAGE all goods and services requested under the
Request for Proposals for Athletic Field Bermuda Turf Maintenance Services for the Village
of North Palm Beach ("RFP") and as further stated in CONTRACTOR's Proposal and pursuant
to the terms and conditions of this Contract.
ARTICLE 1. SERVICES OF THE CONTRACTOR
The CONTRACTOR shall provide all goods and services as stated in the Proposal Documents
and the Scope of Work referenced therein, which are incorporated herein by reference, in
accordance with the CONTRACTOR's Proposal to that degree of care and skill ordinarily
exercised, under similar circumstances, by reputable members of its profession practicing in the
same or similar locality at the time the Work is provided.
ARTICLE 2. TERM/COMMENCEMENT DATE
This agreement shall become effective October 1, 2019 and shall remain in effect for a period of
three (3) years, unless earlier terminated in accordance with Article 8. This contract shall
automatically renew for two (2) additional one (1) year periods upon the same terms and
conditions contained herein unless either party provides the other party with ninety (90) days'
written notice of its intent not to renew prior to the expiration of the initial term or renewal term.
Any variation to the terms and conditions set forth herein shall be in writing and signed by both parties.
ARTICLE 3. VILLAGE'S REPRESENTATIVE
Unless otherwise specified by the VILLAGE, the VILLAGE's representative shall be the Village
Public Works Director.
ARTICLE 4. COMPENSATION AND METHOD OF PAYMENT
A. Generally - The VILLAGE agrees to compensate the CONTRACTOR in accordance
with the Proposal submitted by the CONTRACTOR. CONTRACTOR'S Proposal is
incorporated herein by reference. The total and cumulative amount of this contract shall not
exceed the amount of funds budgeted for these services nor shall said fees exceed the amounts as
set forth in the Proposal.
B. Payments - Invoices received from the CONTRACTOR pursuant to this Contract will be
reviewed and approved by the VILLAGE'S representative, indicating that services have been rendered
in conformity with the Contract and then will be sent to the Finance Department for payment.
CONTRACTOR will invoice the VILLAGE in advance for each payment period. Invoices will
normally be paid within thirty (30) days following the VILLAGE representative's approval.
Contract 1
ARTICLE 5. INDEMNIFICATION
A. To the fullest extent permitted by applicable laws and regulations, the CONTRACTOR
shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and
employees from and against any and all claims, liability, losses, and/or causes of action arising
out of or in any way related to the services furnished by the CONTRACTOR pursuant to this
Contract, including, but not limited to, those caused by or arising out of any act, omission,
negligence or default of the CONTRACTOR and/or its subcontractors, agents, servants or employees.
B. The CONTRACTOR shall not be required to indemnify the VILLAGE, its officials,
agents, servants and employees when the occurrence results solely from the wrongful acts or
omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this
Section shall survive completion of all services, obligations and duties provided for in this
Contract as well as the termination of this Agreement for any reason.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause
of action in favor of a third party against either the VILLAGE or the CONTRACTOR, nor shall
this Contract be construed a waiver of sovereign immunity beyond the limited waiver provided
in §768.28, Florida Statutes.
ARTICLE 6. PERSONNEL
A. The CONTRACTOR represents that it has, or will secure at its own expense, all
necessary personnel required to perform the Work under this Contract. Such personnel shall not
be employees of or have any contractual relationship with the VILLAGE.
B. All of the Work required hereunder shall be performed by the CONTRACTOR or under
its supervision, and all personnel engaged in performing the Work shall be fully qualified and, if
required, authorized or permitted under state and local law to perform. such Work.
C. All of the CONTRACTOR's personnel (and all sub -contractors) while on VILLAGE
premises, will comply with all VILLAGE requirements governing conduct, safety, and security.
ARTICLE 7. INSURANCE
A. Prior to execution of this Contract by the VILLAGE the CONTRACTOR shall provide
certificates evidencing insurance coverage as required hereunder. All insurance policies shall be
issued by companies authorized to do business under the laws of the State of Florida. The
Certificates shall clearly indicate that the CONTRACTOR has obtained insurance of the type,
amount, and classification as required for strict compliance with this Article and that no material
change or cancellation of the insurance shall be effective without thirty (30) days prior written
notice to the VILLAGE'S representative. Compliance with the foregoing requirements shall not
relieve the CONTRACTOR of its liability and obligations under this Contract.
B. The CONTRACTOR shall maintain, during the life of this Contract, Commercial
General Liability, including Professional Liability Errors and Omissions insurance in the amount of
1,000,000.00 in aggregate to protect the CONTRACTOR from claims for damages for bodily and
personal injury, including wrongful death, as well as from claims of property damages which may
arise from any operations under this Contract, whether such operations be by the CONTRACTOR
or by anyone directly employed by or contracting with the CONTRACTOR.
Contract 2
C. The CONTRACTOR shall maintain, during the life of this Contract, comprehensive
automobile liability insurance in the minimum amount of $1,000,000 combined single limit for
bodily injury and property damages liability to protect the CONTRACTOR from claims for
damages for bodily and personal injury, including death, as well as from claims for property
damage, which may arise from the ownership, use, or maintenance of owned and non -owned
automobiles, including rented automobiles whether such operations be by the CONTRACTOR
or by anyone directly or indirectly employed by the CONTRACTOR.
D. The parties to this Contract shall carry Workers' Compensation Insurance and
Employer's Liability Insurance for all employees as required by Florida Statutes. In the event
that a party does not carry Workers' Compensation Insurance and chooses not to obtain same,
then such party shall. In accordance with Section 440.05, Florida Statutes, apply for and obtain
an exemption authorized by the Department of Insurance and shall provide a copy of such
exemption to the VILLAGE.
E. All insurance, other than Worker's Compensation, to be maintained by the
CONTRACTOR shall specifically include the VILLAGE OF NORTH PALM BEACH as an
Additional Insured".
ARTICLE 8. TERNUNATION
This Contract may be cancelled by the CONTRACTOR upon thirty (30) days' prior written
notice to the VILLAGE'S representative in the event of substantial failure by the VILLAGE to
perform in accordance with the terms of this Contract through no fault of the CONTRACTOR.
It may also be terminated, in whole or in part, by the VILLAGE, with or without cause, upon
thirty (30) days' prior written notice to the CONTRACTOR. Unless the CONTRACTOR is in
breach of this Contract, the CONTRACTOR shall be paid for services rendered to the
VILLAGE'S satisfaction through the date of termination. After receipt of a Termination Notice
and except as otherwise directed by the VILLAGE, the CONTRACTOR shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance of the
terminated work.
C. Transfer all work in progress, completed work, and other materials related to the
terminated work to the VILLAGE.
D. Continue and complete all parts of the work that have not been terminated.
ARTICLE 9. SUCCESSORS AND ASSIGNS
The VILLAGE and the CONTRACTOR each binds itself and its partners, successors, executors,
administrators, and assigns to the other party of this Contract and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this
Contract. Except as above, neither the VILLAGE nor the CONTRACTOR shall assign, sublet,
convey or transfer its interest in this Contract without the written consent of the other. Nothing
herein shall be construed as creating any personal liability on the part of any officer or agent of
the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or
benefits hereunder to anyone other than the VILLAGE and the CONTRACTOR.
Contract 3
ARTICLE 10. GOVERNING LAW, VENUE AND REMEDIES
A. This Contract shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce this Contract will be held in Palm Beach County.
B. No remedy herein conferred upon any party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder
shall preclude any other or further exercise thereof.
C. The VILLAGE and CONTRACTOR knowingly, voluntarily and intentionally waive
any right they may have to a trial by ,jury with respect to any litigation arising out of or in
connection with this Contract.
ARTICLE 11. EXCUSABLE DELAYS
The CONTRACTOR shall not be considered in default by reason of any failure in. performance
if such failure arises out of causes reasonably beyond the control of the CONTRACTOR or its
subcontractors and without their fault or negligence. Such causes include, but are not limited to:
acts of God; natural or public health emergencies; labor disputes; freight embargoes; and
abnormally severe and unusual weather conditions.
Upon the CONTRACTOR'S request, the VILLAGE shall consider the facts and extent of any
failure to perform the work and, if the CONTRACTOR'S failure to perform was without it or its
subcontractor's fault or negligence the Contract Schedule and/or any other affected provision of
this Contract shall be revised accordingly; subject to the VILLAGE'S rights to change,
terminate, or stop any or all of the work at any time.
ARTICLE 12. INDEPENDENT CONTRACTOR RELATIONSHIP
A. The CONTRACTOR is, and shall be, in the performance of all work, services and/or
activities under this Contract, an Independent Contractor, and not an employee, agent, or
servant of the VILLAGE. All persons engaged in any of the work, services and/or
activities performed pursuant to this Contract shall at all times, and in all places, be
subject to the CONTRACTOR'S sole direction, supervision, and control. The
CONTRACTOR shall exercise control over the means and manner in which it and its
employees perform the work, and in all respects the CONTRACTOR'S relationship and
the relationship of its employees, agents, or servants to the VILLAGE shall be that of an
Independent Contractor and not as employees or agents of the VILLAGE.
B. The CONTRACTOR does not have the power or authority to bind the VILLAGE in any
promise, agreement or representation other than as specifically provided for in this agreement.
ARTICLE 13. NONDISCRIMINATION
The CONTRACTOR warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin, ancestry,
marital status, or sexual orientation.
Contract 4
ARTICLE 14. ENFORCEMENT COSTS
If any legal action or other proceeding is brought for the enforcement of this Contract, or because
of an alleged dispute, breach, default or misrepresentation in connection with any provisions of
this Contract, the successful or prevailing party or parties shall, be entitled to recover reasonable
attorney's fees, court costs and all expenses (including taxes) even if not taxable as court
awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals),
incurred in that action or proceeding, in addition to any other relief to which such party or parties
may be entitled.
ARTICLE 15. AUTHORITY TO CONDUCT BUSINESS
The CONTRACTOR hereby represents and warrants that it has and will continue to maintain all
licenses and approvals required to conduct its business, and that it will at all times conduct its
business activities in a reputable manner. Proof of such licenses and approvals shall be submitted
to the VILLAGE'S representative upon request.
ARTICLE 16. SEVERABILITY
If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this
Contract, or the application of such terms or provision, to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected, and every other term
and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 17. PUBLIC ENTITY CRIMES
As provided in F.S. 287.132-133 by entering into this Contract or performing any work in
furtherance hereof, CONTRACTOR certifies that it, its affiliates, suppliers, subcontractors and
any other contractors who will perform hereunder, have not been placed on the convicted vendor
list maintained by the State of Florida Department of Management Services within the thirty-six
36) months immediately preceding the date hereof. This notice is required by Section
287.133(3)(a), Florida Statutes.
ARTICLE 18. MODIFICATIONS OF WORK
A. The VILLAGE reserves the right to make changes in Scope of Work, including
alterations, reductions therein or additions thereto. Upon receipt by the CONTRACTOR of the
VILLAGE'S notification of a contemplated change, the CONTRACTOR shall, in writing,
provide a detailed estimate for the increase or decrease in cost due to the contemplated change.
B. If the VILLAGE elects to make the change, the VILLAGE shall initiate a Contract
Amendment and the CONTRACTOR shall not commence work on any such change until such
written amendment is signed by the CONTRACTOR and approved and executed by the
VILLAGE, provided, however, modifications to the Scope of Work based solely on the unit
pricing set forth in the Proposal shall not require a formal amendment to this Contract and may
be approved in writing by the Village Manager.
Contract 5
ARTICLE 19. NOTICE
All notices required in this Contract shall be sent by certified mail, return receipt requested, and
if sent to the VILLAGE shall be mailed to:
Village of North Palm Beach
501 U.S. Highway One
North Palm Beach, Florida 33408
Attention: Andrew Lukasik, Village Manager
and if sent to the CONTRACTOR shall be mailed to:
STO Landscape Services, Inc.
9818 U.S. Highway 441
Boynton Beach, Florida 33472
Attention: Keely Haverland, CFO
ARTICLE 20. ENTIRETY OF CONTRACTUAL AGREEMENT
The VILLAGE and the CONTRACTOR agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated herein.
None of the provisions, terms and conditions contained in this Contract may be added to, modified,
superseded or otherwise altered, except in accordance with Article 18 (Modifications of Work).
ARTICLE 21. PROTECTION OF WORK AND PROPERTY
The CONTRACTOR shall continuously maintain adequate protection of all work from damage,
and shall protect the VILLAGE'S property from injury or loss arising in connection with the
Contract. Except for any such damage, injury, or loss, except that which may be directly due to
errors caused by the VILLAGE or employees of the VILLAGE, the CONTRACTOR shall
provide any necessary materials to maintain such protection.
ARTICLE 22. WAIVER
Failure of the VILLAGE to enforce or exercise any right(s) under this Contract shall not be
deemed a waiver of VILLAGE'S right to enforce or exercise said right(s) at any time thereafter.
ARTICLE 23. PREPARATION
This Contract shall riot be construed more strongly against either party regardless of who was
more responsible for its preparation.
ARTICLE 24. MATERIALITY
All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to
comply with any of the provisions contained in this Contract or exhibits, amendments and
addenda attached hereto, said failure shall be deemed a material breach of this Contract and
VILLAGE may at its option and without notice terminate this Contract.
Contract 6
ARTICLE 25. CONTRACT DOCUMENTS AND CONTROLLING PROVISIONS
This Contract incorporates the terms of the Request for Proposals issued by the VILLAGE and
the Proposal Response submitted by CONTRACTOR, and CONTRACTOR agrees to be bound
by all the terms and conditions set forth in the aforementioned documents. To the extent that a
conflict exists between this Contract and the remaining documents, the terms, conditions,
covenants, and/or provisions of this Contract shall prevail. Wherever possible, the provisions of
such documents shall be construed in such a manner as to avoid conflicts between provisions of
the various documents.
ARTICLE 26. DEFAULT
Notwithstanding anything contained in this Contract to the contrary, the parties agree that the
occurrence of any of the following shall be deemed a material event of default and shall be
grounds for termination:
A. The filing of a lien by any subcontractor or third tier subcontractor including, but not
limited to material men, suppliers, or laborers, upon any property, right of way, easement
or other interest in land or right to use within the territorial boundaries of the VILLAGE
which lien is not satisfied, discharged or contested in a court of law within thirty (30)
days from the date of notice to the CONTRACTOR;
B. The filing of any judgment lien against the assets of CONTRACTOR related to the
performance of this Contract which is not satisfied, discharged or contested in a court of
law within thirty (30) days from the date of notice to the CONTRACTOR; or
C. The filing of a petition by or against CONTRACTOR for relief under the Bankruptcy
Code, or for its reorganization or for the appointment of a receiver or trustee of
CONTRACTOR or CONTRACTOR'S property; or an assignment by CONTRACTOR
for the benefit of creditors; or the taking possession of the property of CONTRACTOR
by any governmental officer or agency pursuant to statutory authority for the dissolution
or liquidation of CONTRACTOR; or if a temporary or permanent receiver or trustee shall
be appointed for CONTRACTOR or for CONTRACTOR'S property and such temporary
or permanent receiver or Trustee shall not be discharged within thirty (30) days from the
date of appointment.
CONTRACTOR shall provide written notice to the VILLAGE of the occurrence of any event of
default within ten (10) days of CONTRACTOR's receipt of notice of any such default.
ARTICLE 27. AUDITS
If applicable, the Contractor shall maintain books, records and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles.
The Commission, the State of Florida, United States Department of Energy or their authorized
representatives shall have access to such records for audit purposes during the term of this
Agreement and for five (5) years following Agreement completion.
ARTICLE 28. LEGAL EFFECT
This Contract shall not become binding and effective until approved by the VILLAGE Council
of the VILLAGE of North Palm Beach its designated representative.
Contract 7
ARTICLE 29. REPRESENTATIONS/BINDING AUTHORITY
CONTRACTOR represents that the person executing this Agreement has the power, authority
and legal right to execute and deliver this Contract and perform all of its obligations under this
Contract.
ARTICLE 30. INSPECTOR GENERAL
CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this contract and in
furtherance thereof, may demand and obtain records and testimony from the CONTRACTOR
and its subcontractors. CONTRACTOR understands and agrees that in addition to all other
remedies and consequences provided by law, the failure of contractor or its subcontractors to
fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to
be a material breach of the Contract Documents justifying termination.
ARTICLE 31. PUBLIC RECORDS
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 1195 FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CON'T'RACT,
CONTACT THE, CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355;
NPBCLERK&V'ILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH
PALM BEACH, FL 33408.
In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes,
CONTRACTOR shall:
1. Keep and maintain public requires required by the VILLAGE to perform the service.
2. Upon request from the VILLAGE's custodian of public records, provide the VILLAGE
with a copy the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes,
or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration of
the Contract term and following completion of the Contract if the CONTRACTOR does not
transfer the records to the VILLAGE.
4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in
possession of CONTRACTOR or keep and maintain public records required by the VILLAGE to
perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon
completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR
keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet
all applicable requirements for retaining public records. All records stored electronically must be
provided to the VILLAGE, upon request from the VILLAGE's custodian of public records, in a
format that is compatible with the information technology systems of the VILLAGE.
Contract 8
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Contract as of the day and year first above written.
CONTRACTOR:
STO LANDSCAPE SERVICES, INC
Print Name:
Title: Cy
VILLAGE OF NORTH PALM BEACH
BY: /J"" 9 (! QI"
DA YL A REY,
MAYOR
ATTEST:
aBY: &Gf/,l
MELISSA TEAL,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
o
l
VILLAGE ATTORNEY
Contract 9
THE VILLAGE OF
NORTH PALM BEACH
Village Manager’s Office
THE BEST PLACE TO LIVE UNDER THE SUN”
Environmental Committee
MINUTES
Anchorage Park
Monday, September 13, 2021
6:00 pm
1. Call to Order: Chairperson Marcus called the meeting to order at 6:04 pm.
2. Roll Call:
Present: Karen Marcus, Lisa Interlandi, Mary Phillips, Shawn Woods, Ellen Allen
Also Present: Andy Lukasik, Village Manager; Jeremy Hubsch, Community Development
Director; Alex Ahrenholz, Principal Planner; Allan Bowman, Head Golf Professional; Debbie
Searcy, Vice Mayor
Absent: Camille Carroll, Kendra Zellner
3. The Minutes of the August 2, 2021 regular meeting were approved.
4. Public Comments: None
5. Golf Course Ponds:
a. Andy Lukasik introduced Head Golf Pro, Allan Bowman, who discussed Latitude 36 grass issues
and poor water quality and structural instability of several ponds/pond banks:
i. Latitude 36 Grass - the roots are very shallow and it’s not holding up well so, it will be
replaced with 419.
ii. Pond Water Quality – quality will be assessed and management strategies will be
established.
iii. Pond Bank Instability – banks will be shored-up and littoral planting strategies will be
established.
iv. Allan Bowman will present littoral planting plans for review at the next meeting and
offered to take committee members on a tour of the course.
6. Prosperity Village vegetation removal permit:
a. Andy Lukasik and Jeremy Hubsch discussed the status of the application, the illegal tree removal
citation and potential mitigation strategies.
7. Existing Projects/Programs Updates:
a. Tree City USA Application:
i. The committee agreed to host an event in 2022.
ii. The committee agreed to partner with the Kiwanis Club who offered to assist the Village
with the installation of donated memorial trees with a commemorative plaque.
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iii. Shawn Woods mentioned that she has a list of recommended trees which she will send
to the committee.
iv. Shawn Woods added that a memorial tree plan should be developed to determine
preferred tree locations and identify the best location for each type of tree.
b. Urban Garden:
i. Andy Lukasik stated that the Community Development Department applied for a
50,000 grant and expects a response by the end of September.
ii. Andy Lukasik noted that Chuck Huff and Chad Girard will visit the Abacoa Community
Garden this week to review requirements for power, irrigation, site clearing, fence
installation, bed materials, walkway materials and a shade structure.
iii. Chairperson Marcus recommended Jeremy Hubsch contact Joe Hanley for his muck
vendor contact information.
c. Lakeside Berm:
i. Andy Lukasik stated that Katherine Murray will begin work on the berm soon and be
finished in early November.
d. Residential Code:
i. Andy Lukasik mentioned that the Ad Hoc Committee meeting is scheduled for Sept 20.
ii. Andy Lukasik added that Council requested a recommendation for their consideration
by the October 14 council meeting otherwise, they will adopt what staff has already
suggested.
e. Speaker Series:
i. The committee agreed to invite Loggerhead Marinelife Center to speak on October 23 in
the ballroom.
ii. Chairperson Marcus offered to contact them for their availability.
f. Car Charging Stations:
i. FPL EVolution Program:
1. Andy Lukasik stated that staff continue to work with FPL on Country Club
locations.
2. Andy Lukasik added that FPL prefers the four space configuration.
3. Andy Lukasik stated that he emailed them regarding cost sharing to make
separate locations work and is waiting for their response.
ii. Electrify America:
1. Andy Lukasik stated that they finally responded via email and he needs to
respond.
g. Houseboats:
i. Lisa Interlandi explained the situation with Fane Lozeman’s one story houseboat and
another two story houseboat that have been moved from Riviera Beach to Little
Munyon Island.
ii. Lisa Interlandi offered to contact DEP and provide Andy Lukasik with an update.
iii. Andy Lukasik mentioned that staff will meet to discuss on September 14.
iv. The committee agreed to recommend to Council strong action to enforce removal.
h. Ban on Plastics - Business Promotion – incentives for elimination of single use plastics:
i. Draft House – Chairperson Marcus offered to contact the owner.
ii. BurgerFi – the committee is still trying to connect with them.
i. Anchorage Park Clean-Up Events:
i. International Coastal Clean Up:
1. Shawn Woods stated that the event will take place at Anchorage Park and Mac
Arthur Beach State Park on September 18 from 8-11am.
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2. Shawn Woods mentioned that Environmental Resource Management and
Florida Adventures will attend providing an educational component.
8. Next meetings: the next meeting will be on October 4, 2021 at 6:00 pm in the Anchorage Park Building.
9. Adjournment: the meeting adjourned at 7:32 pm.
VILLAGE OF NORTH PALM BEACH
RECREATION ADVISORY BOARED MEETING MINUTES
SEPTEMBER 14, 2021
CALL TO ORDER
Chairperson Bob Bell called the meeting to order at 7:00 PM.
ROLL CALL
Present: Bob Bell, Chairperson
Don Grill, Vice Chairperson
Maria Cassidy, Member
Mia St. John, Member
Stephen Heiman, Member
Rita Budnyk, Member
Paul Beach, Member
Mark Mullinix, Councilmember, President Pro Tem
Stephen Poh, Superintendent of Parks and Recreation
Zakariya Sherman, Director of Leisure Services
Excused:
APPROVAL OF MINUTES
Minutes for the August 10, 2021 meeting were approved after a motion by (did not get name) and
seconded by (did not get name).
PUBLIC COMMENT
None
DIRECTOR’S REPORT
Director Zak Sherman reported the following:
Lakeside Park:
New Swing Set
o Swing Set is in.
o Installation to take place September 15 and take roughly 2-3 days, depending on the
weather.
o New ADA compliant pathway/walkway will be installed from trail to swing area. Made of
mulch.
o To save money, the contractors will cut the old Swing Set up on site and take it to PW
where they will dump it in their metal scrap bin for our guys to take away.
Still waiting on playground parts.
o Timeframe is still September/October.
Repaired playground gate.
Planted 4 Gumbo Limbo trees inside the playground.
Plan to trim tree branches overhanging volleyball court.
Lakeside Park Berm Improvement
o Quote is in for Emergency Berm Repair!
o Project total will be $43,373.30.
o Approximately 50 linear feet of eroding shoreline will be enhanced and restored to
prevent further damage and erosion due to wave energy, storm water runoff and wind.
o The restoration area is located on both sides the most northern staircase.
o It includes the 5 linear feet of shoreline under the staircase and extends approximately
22 linear feet north and south of the staircase.
o Environmental Quality, Inc. (EQI) will use a mini excavator to remove existing rubble
visible at the base of the slope shoreward of the mean high-water line, and to adjust the
contour of the current steep slope to a gentler slope.
o Fresh limestone rip rap, approximately 15-24” in size, will be placed behind mean high
water line, to strengthen and stabilize the base of the shoreline dune.
o Clean sand will fill area behind rip rap to create a gentle natural looking dune sloping
from the top to the base.
o The elevation of the dune will remain as is and will not increase in height.
o Native, Florida southeastern coastal plants will be installed to provide additional
stabilization of the dune.
o Irrigation will be installed and connected to existing irrigation at the site to provide
regular watering until plants become established.
o Native plant species to be planted may include but is not limited to, saw palmetto, sea
lavender, inkberry, seaside heliotrope and sea oats.
o Sea oats will be transplanted from the existing landscape population at Lakeside Park
and placed along the base for stabilization and erosion control.
o To save money, the contractors (when the excavate the existing rubble [pieces of
concrete] visible at the base of the slope), they will load it into one of our dump trucks
for our guys to take away.
o Project to be completed within 60 days of September 8.
o Board asked staff to estimate how many truckloads of rubble would be taken away.
Staff said they believed only 1, but we can clarify with Environmental Quality Inc. as we
get closer to project start date. Also asked about recycling the rubble and whether the
project had to go out to bid. It did not. Project is under $50k and we are piggybacking
off a PBC School District contract. Councilmember Mullinix asked us to do what we can
to improve view and keep resident concerns in mind. Staff said lower level planting
would replace vegetation that currently sits on top of berm, making the view better.
Park cleanups
o Staff have been regularly picking up trash at Lakeside Park and also finding the same
crazy stuff that residents have been finding.
o Stephen usually spends an hour or so at Lakeside every day and when he is out of the
office I take his place.
o Over the holiday weekend, I had two library staff members, Kya Brown and Carol Lux,
clean the park on Sunday and Monday. They even cleaned Anchorage and Osborne as
well.
Meetings with Residents
o Met with Dr. Higgins twice to go over concerns. Katharine from Environmental Quality
even joined one of the meetings to answer questions.
Stephen getting quotes for golf cart for new Ranger position.
o New Ranger will open Lakeside on weekends as well as the Osborne and Community
Center restrooms.
Anchorage Park:
New flooring installed (project finished on September 7).
Repaired upraised sidewalk near dog park.
Pro-Motions sports renovated two sand volleyball courts by outdoor public restrooms for
10,483k.
Precision to install new sod in small dog park and along edge of volleyball courts (PW will look at
irrigation).
Still waiting on new Merry-go round.
Still waiting to hear if we’ll be able to transfer dry storage grant to Anchorage playground.
Installed new TV in lobby to display upcoming events. TV images can be updated from any staff
PC.
Board member Paul Beach asked for clarification on the transferring of the dry storage grant to
the Anchorage playground; Stephen clarified. Council didn’t want to open dry storage wait list to
non-residents, so staff decided to shift the grant (transfer it) to the playground (to replace the
playground). Grant pays for 50% of the playground ($125,000); Village pays other half
125,000). Total cost is $250,000.
Worked with PD to remove two vehicles along Anchorage that hadn’t moved in weeks. In the
process of ordering No Overnight Parking signs from Kauff’s.
Board member Rita Budnyk brought up Harbor Isles and how they use the Community Center
parking lot as a staging area for their landscaping vehicles/materials/equipment and to unload
pallets of sod. Staff reported we are aware of situation and have met with property manager at
Harbor Isles to work out an agreement.
Met with Susan from Palm Beach Crew to select alternate site for boat storage, in between the
new dog fence and tennis fence. Boat racks would reside next to dog park fence. Sliding gate
would go on the end next to Seacoast’s property. As part of her contract, she’ll pay $1,500 per
year for storage and $2 per paid participant for each class.
Board member Stephen Heiman asked for clarification on dimensions of fenced in area. (Fence
would run length of sidewalk). Board member Rita Budnyk said she likes new proposed location
of enclosure. Board member Paul Beach asked about whether they wash boats off. Stephen said
he has never seen Crew wash boats off. Board member Don Grill stated the only problem could
be making sure they stay off the sidewalk. Zak said we could add a sentence about blocking the
sidewalk in the agreement. Staff asked for the Board to recommend or not recommend moving
forward with new proposed location and Crew program offerings. Rita said new location was
great idea. She previously expressed opinion that original proposed location could be
detrimental to park views. Proposal was motioned and seconded (did not get names). All were
in favor. Passed unanimously.
Board member Stephen Heiman asked about PADL (paddle boards). Staff said we are just
waiting for Crew discussion to get finalized first get something set up with PADL.
Fishing tournament comment
o Got email from Shelley and Rob Johnson who said:
All, just wanted to congratulate you all and NPB for hosting (another) great
event!! You all worked hard with smiles on your faces. We are newly back to NP
for this very reason, it’s a wonderful place to live and play. Wanted to say thank
you, Shelley and Rob Johnson (boat 17).
Special Events:
Bus Trips-
o Mystery Trip
Nearly 20 people joined Bill on the bus trip to the Historic Pritchard House in the
Historic Area of Titusville, FL.
House was built in 1891.
Everyone got a guided tour!
Beats N’ Eats- Saturday, September 11 from 5-9pm. Live music and food trucks. Guitarist Mike
Sanchez.
o Have dinner with us on the Lawn.
o Bring your blankets and lawn chairs and come join in the fun.
Coffee with a Cop- Saturday, September 18 from 9-12pm at the Library.
International Coastal Cleanup- Saturday, September 18 from 8-10am at Anchorage Park.
Salsa Dancing Class- Friday, September 24 from 5-6:15pm at the Library.
o Six couples signed up so far!
Refreshment included.
Dance instruction will be followed by social dancing; spots for 12 couples.
Child care provided if needed.
Touch a Truck & Fire Safety Fair- Saturday, October 2 from 10-1 at Anchorage Park.
o Close to 10 Trucks and 10 vehicles from the Fire Dept. already registered.
o Parents, Grandparents and grand kids will be able to see the big trucks up close and
personal.
o We still have room for a few more trucks which we anticipate to register in the
upcoming weeks.
o Board asked how many trucks did we have. Staff through 10-11. Staff clarified with Bill
Egan on 9-16, and he said we had 12.
Marina:
Renewal Letters for wet slips
o Included nominal fee increase based upon the CPI (Consumer Price Index). 2.5% for
South slips and 5% for North Slips.
Karen Hopper will be working Saturdays in September and October from 9:00 a.m. to 1:00 p.m.
to help with dry storage or wet slip renewals or boat stickers.
Proposed wet slip rate letters already went out. Final letters will go out after 9-8 Council
meeting.
Board asked if we got any response or pushback. Staff said we haven’t heard anything yet.
Councilmember Mullinix said he did get a few responses. He also asked if we could allow people
to pay monthly instead of annually. Bob said the slips are a lovely amenity for the residents.
Veterans Park:
Park to open on Monday, September 13. Sod was replaced in August.
Stephen called two companies about fixing the bricks (many are sticking up and are potential
trip hazards).
Osborne Park:
Stephen ordered new drinking fountains/water refilling stations (2).
Haverland to install new sod at softball field, along fence.
Put work order to repair Men’s restroom door (was not closing properly).
Put in work order to re-secure delineators in parking lot.
Park sprayed for nematodes and fungicide.
Staff have been going to the park 3-4 days per week to help with cleanup and even have a few
volunteers helping.
TCS held baseball tryouts on August 17. They are using both fields at Osborne for
baseball/softball, Monday through Thursday. Game schedule to be announced.
North Palm Beach Baseball canceled Fall season.
Board discussion ensued for baseball. Can we gauge interest level? Tough getting participation.
Should we take it over? Hard doing two sports at once. Doing so could divide our resources.
How can we fit Baseball in? How can we salvage it? Soccer ends in March. Basketball starts in
April. Staff willing to take over baseball. Board member Bob Bell spoke about past baseball
experiences and how long it takes to build a league, and how much work it is. Currently, there is
competition with travel leagues. Also teams must meet criteria of affiliation (with Babe Ruth or
Cal Ripken). Bob said it is important that we have something along the lines of baseball. Maybe
just younger children? Baseball/softball mix. Coed. Get experience. Or bring another group in?
Could Gardens use one of our facilities and make an NPB team and have it be part of Garden’s
organization? That could be a win-win. Councilmember Mullinix echoed we need to salvage
baseball if at all possible. May mean piggybacking with Gardens.
Hope to get approval soon for FRDAP grant to resurface Osborne Basketball court. Just waiting
on notice to proceed. Plan is to asphalt both courts, but only finish one side (the west side). By
finish, I mean install sports surface, paint lines, install poles/hoops. We plan to get an additional
quote for one of the companies to paint the Village logo at half court. We will also get a quote
for finishing the other side as a basketball court as well as an additional quote for turning the
unfinished court into a couple pickleball courts. We will also price out the removal of the
standalone 2-sided racquetball court (the one closest to the basketball court) and the cost of
new playground in its place. Where the existing playground resides, we’ll price out comfortable,
café style seating (think clubhouse look and feel).
If we turn the other Basketball court into pickleball courts, this would require fence as a divider.
Discussed playground moving to another location and putting comfortable seating area in its
place. Board said playground was installed in current location so parents could watch baseball
and have children play on playground close by.
Community Center:
Gym floor was professionally cleaned this week. We are getting the gym prepared for the start
of new fall programing.
Will renovate Sand volleyball court by end of September (materials/poles have already been
ordered).
Stephen met with Seacoast about getting city water to the fields.
o We’ll need to call the main office to exact costs.
o Sounds like Seacoast does part of the work, such as setting up access and installing a
meter; then the Village would be responsible for connecting to their system and running
pipe to the fields.
o Board asked if current water was hurting the grass. Staff said Yes, because of the
brackish water. Bob asked about cellular towers/activity and whether these carriers are
paying us any money. Councilmember Mullinix said Yes, the Village is getting some type
of payment.
Removed Batting Cages (for less than $5k).
o Precision to install sod (PW will look at irrigation).
Stephen getting quotes for Pavilion repair and fence replacement.
Hope to get approval soon for FRDAP grant to replace Community Center playground. Just
waiting on notice to proceed. Already got three quotes for playground. Quotes range from $48-
51k.
Waiting on invoice for inside stage curtain.
Park sprayed for nematodes and fungicide.
Flag Football tryouts were September 1.
o Mia had 19 kids who got drafted onto 3 teams for the 9-11 age group.
o Sadly, it started lightening so we had to cancel the rest of practice as well as the older
kids from coming out.
o Games are going to be Tuesdays for ages 6-8 and 12-14 and Wednesdays for ages 9-11.
Had to modify due to scheduling conflict with officials.
Futsol
o Renewed contract with Gary for futsol.
o First practice was September 1
o I got to meet Gary that night as well.
Hours of operation
o Beginning September 18, Mia plans to extend the CC hours on Saturday to be 9am-4pm.
o We will be keeping Open Gym from 9am-1pm and then will have the Volleyball group in
here from 1pm-4pm.
o Also trying to add a Basketball Clinic either Monday or the new Friday night opening.
Rainout Line
o Mia established a rainout line for the Community Center and added the other Parks to it
as well.
o This will be a huge help for us with Flag Football and Soccer, and she figured it would
help with Osborne Park and maybe some other events.
o Mia is working on getting everyone access (I signed up yesterday).
o We are able to add and/or remove and modify the extensions and Park names and
whatnot.
o People are able to call in, log in to the app, or opt in to text messages/emails for
weather updates.
o Phone number and extensions are as follows:
Line: 561-363-3399
Extensions:
1-Community Center
2- Osborne
3-Anchorage
4-Lakeside
Communications:
Newsletter
o Stephanie and I met about the newsletter
o We made some initial strides at the end of August but plan to revamp the parks and rec
section again for October.
o Changes include adding new headings such as youth classes, adult classes, special
events, and bus trips.
o Historically, the parks section of the newsletter only included classes and events
happening at Osborne and Anchorage; and the Community Center events were listed
somewhere else.
o Going forward, everything will be listed together.
o It may take an iteration or two or three but we’ll make it easy so that anyone can readily
tell what’s going on and where, and who’s teaching it and how much does it cost.
o Board member asked whether dry storage info could be included in newsletter? It’s not
there currently, but we can include it along with Marina fees when and where
appropriate. Can put it on website too.
Staffing:
Parks and Rec
o Russ Ruskay official last day August 27.
o Recreation Supervisor
Posted on 9-2 internally.
If no internal candidates, then the job will be posted externally the week after.
Goal is to have someone in place by October 1.
Board member asked what is Rec Supervisor going to do? Staff explained they
would work hand in hand with current Rec Supervisor, Mia Griner, and
eventually get stationed at Osborne Park. Build up youth sports and take to next
level. Both will oversee all youth sports and any fitness related activity and all
goings-on at Community Center and Osborne. Could possibly add more staff in
future if we can bring in more revenue. Councilmember Mullinix asked us to
keep in mind that when you hire full time staff, you need to include salaries and
benefits to determine the true cost of a staff member.
Library
o Jocelyn McLean, new part time library clerk, will start September 7.
o Sadly, Liz Drehmann, part time library clerk, turned in her resignation, effective
September 17.
She got a full time job at the Jupiter Medical Center.
Will post her position soon.
Library:
Ordered 6 new Kindles with cases for checkout.
Crazy 8s Math Club started and first week we had tons of fun making geometric shapes on the
ground with over a hundred glow sticks! Children K-2 learned about regular polygons,
tessellating shapes, and the importance of sharing said glow sticks.
o Program will run for 8 weeks.
School’s Out for Teens (S.O.F.T.)
o Program has only one spot left and one registration packet outstanding.
o The students loved playing jeopardy with Ms. Meagan, as well as playing ping-pong.
o Students also loved going to Park Avenue BBQ twice this week.
First Friends meeting of the season will be Monday, October 4 at 5:30 PM in the Obert room.
Misc:
Trash pickups in parks
o Stephen and I held conversations with Marc Holloway (Solid Waste Manager) who has a
plan for getting the parks serviced regularly during the week and on Saturdays.
Ordered new indoor trash can at all parks facilities including library.
Might order new garbage can liners for all parks.
Ordered new acrylic sign holders for flyers/signage (so no more taping signs to doors/walls).
Stephen and discussed getting buckets at Osborne and the Community Center (so that resident
can help do cleanups).
Needs assessment- Dr. Barth will be conducting small group sessions (i.e., visioning workshops)
in September. Probably finish by 9-22. He could then present one last time to Council on Oct. 7
or 28.
Stephen attended FRPA (Florida Recreation & Parks Association) conference from August 30-September
2.
NEW BUSINESS
Newsletter
Bob said we already covered this in Director’s report). Any other new business?
Board member asked about Gymnastics and whether the group started yet. Staff said Yes, they have
started already. Gymnastics will be advertised in newsletter as well. Classes are Wednesdays and
Fridays.
OLD BUSINESS
LAKESIDE PARK INFORMATION
Told Board Andy and Rec staff are still working on Presentation, but it will be ready before the 9-23
Council meeting. Rita brought up Palm Beach Shores and Wendy Wells. Rita, within the last few weeks,
sent staff info on how they do resident/non-resident parking. Board asked us if any businesses along US
1 had ever complained when people park there on weekends and walk to Lakeside Park. Stephen and
Zak said they hadn’t heard any feedback. Stephen said he hadn’t heard anything since beginning
employment with the Village.
PALM BEACH ROW CLUB
MEMBER COMMENTS
Board member asked What’s the latest with Dry Storage. Stephen explained he met with Keith and
Kevin (engineers) at northwest corner. Talked about electric and the plan. All in progress. Planning will
take place in FY22. Stephen will keep Board up to date. Work won’t start until FY23. Engineering in the
budget for FY22. Will go through bidding process in FY22. Start work in FY23.
ADJOURNMENT
A motion to adjourn the meeting was made by (did not get name) and seconded by (did not get name).
The meeting was adjourned at 8:06 PM.
Respectfully submitted by Zakariya Sherman.
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THE VILLAGE OF
NORTH PALM BEACH
Village Manager’s Office
THE BEST PLACE TO LIVE UNDER THE SUN”
Business Advisory Board
MINUTES
Anchorage Park Building
Tuesday, September 21, 2021
5:30 pm
1. Call to Order: Village Manager Andy Lukasik called the meeting to order at 5:31 pm.
2. Roll Call:
Present: Nina Balgar, Marshall Gillespie, Adam Jones, Nathan Kennedy.
Present Via Zoom: Veronica Frehm, David Talley.
Absent: Ronald Lantz.
Also present: Andy Lukasik, Village Manager; Darryl Aubrey, Mayor.
3. Selection of Officers
a. Adam Jones was selected as Chair.
b. David Talley was selected as Vice-Chair.
4. Development Updates: Village Manager Andy Lukasik provided updates on the following
projects/properties:
a. 200 Yacht Club Project
i. Mixed-use project.
ii. Discussed traffic mitigation, use of the alley and active uses.
b. Twin Cities Mall Property:
i. Property owned by John Staluppi is under contract.
ii. Staff has met with the contract purchaser to discuss the approval process, the
Village’s Code and the Citizens’ Master Plan.
c. Lane Repurposing Application:
i. FDOT continues to review the Village’s application.
ii. No action will be taken by the Village until FDOT completes its review.
d. Farmers Table
i. Working to introduce a “pub” concept in the Grille Room at the Country Club.
ii. Anticipated opening is targeted for mid-October.
5. Discussion of Business Networking Event.
a. Will work with Noel Martinez, CEO of the Palm Beach North Chamber of Commerce, to
create a networking event for North Palm Beach Businesses.
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b. Goal will be to have an informal meet & greet to introduce business operators/owners
to one another and begin to determine what issues are important to them and how the
Village can assist.
c. Event will occur at the Country Club and be an after business hours function.
6. Adjournment: the meeting adjourned at 6:30 pm.
VILLAGE OF NORTH PALM BEACH AUDIT COMMITTEE
MEETING MINUTES
OCTOBER 13, 2021
ATTENDING: ABSENT
Tom Andres Suzanne Altieri- (Prior notice received.)
Don Kazimir
Ed Katz
Marie Silvani
Dave Talley
Tom Magill, Chairman
Items Discussed:
1. FY2021 YTD Performance: Review ofVillage performance tobudget
was discussed. Our compliments tothe Village Manager and the
Finance Director on close performance to Budget. General Fund
through August performance is 102% ofannual revenue matched by
only 88.9 % of expense. Enterprise fund shows 103% against
Revenue and 88.2 % against Expense. The Finance Director
estimates minimal change inour Unallocated Fund Balance by the
end of the fiscal year.
2. Of particular interest is the YTD performance of the Farmer’stable
at the Country Club. January thru August Gross Sales are $3.14
million. Contractually, the Village receives 5% of sales over $2
million.
3. Open purchase orders between the General and Enterprise Funds
total $1315. All remaining open at the end ofthe fiscal year will be
applied to FY 2021 performance.
4. FY 2022 Budget was discussed. Of note isthe reduction of the
Village millage rate from 7.50 mills to 7.05; a 6% reduction. In
addition, a new Stormwater Utility Fund is established with
estimated revenue of $518000. Total Balanced Budget indicates
Revenue of $33.2 million matched with Equal Expenditure.
5. The meeting was adjourned at 6:15 PM.
Tom Magill
Chairman
VILLAGE OF NORTH PALM BEACH
PUBLIC WORKS DEPARTMENT
TO: Honorable Mayor and Council
FROM:
THRU:
Marc Holloway, Solid Waste Manager
Andrew D. Lukasik, Village Manager
DATE: October 28, 2021
SUBJECT: RESOLUTION – Approving the purchase of three (3) 2021 GO-4 Refuse Hauler units
from Jeffrey Allen, Inc. at a total cost of $107,098.50
Village Staff is recommending Village Council consideration and adoption of a Resolution approving the
purchase of three (3) 2021 GO-4 Refuse Hauler units.
Background:
The Village’s Public Works Solid Waste Department uses (2) GO-4 units and (8) Kubota collection
vehicles for its residential pickup service. The GO-4 units were purchased last year to replace the aging
Kubota vehicles. The Kubota vehicles were placed in service in 2016 and replaced the previous collection
vehicles, or “jitneys”, manufactured by Cushman Manufacturing, which no longer makes these vehicles.
The Village purchased five (5) additional GO-4 units last year, anticipating the use of funding in the Capital
Improvement Plan schedule for this fiscal year (FY 2022) – those units have not arrived for use and aren’t
expected until January.
The Kubota vehicles are manufactured and designed to be off-road utility vehicles and are not meant for
street use; however, as part of the original purchase, each Kubota vehicle was outfitted and modified to
fit the Village’s needs. The modified Kubota vehicles are at the end of their life expectancy and are
extremely expensive to maintain and operate safely on the road.
Kubota Replacement:
Due to the daily usage of the Kubota vehicles, and the fact that they were not originally engineered to
handle the demands of a solid waste collection operation, maintenance and repair costs are high. Repair
costs due to transmission failures have been reaching $9,000 per unit. This is approximately 20% of the
original cost of the units, which have only been in service for five (5) years. Village staff has identified
the GO-4 Refuse Hauler as a good replacement for the Kubota.
The GO-4 Refuse Hauler is a relatively new product from Westward Industries LTD out of Canada. This
vehicle is similar to the old Cushman Jitney that was used by the Village for many years. A demo unit
was delivered to the Village for evaluation. There were many positive remarks on this vehicle.
This unit has also been in use in the Village of Scarsdale, NY and in the City of Boca Raton since 2018.
The Village of Scarsdale is very similar in size to the Village and also offers five days a week rear-door
collection service. They have had three units since 2018 and have plans to buy additional units.
The three (3) units staff is recommending for purchase will give the Village a compliment of ten (10) GO-
4 units. Receipt of these units will allow Solid Waste to discontinue use of the Kubotas for residential
service.
Purchasing:
Westward Industries LTD has been awarded a multi-year cooperative purchasing contract in the Utility,
Transport, Golf, and Recreational Vehicles category through Sourcewell (a cooperative purchasing
agency of which the Village is a member).
Jeffrey Allen, Inc. is a dealer for Westward Industries LTD and has three (3) 2022 GO-4 Refuse Hauler
units available for sale at a total cost of $107,098.50.
Funding:
This is not a budgeted item as it was originally anticipated in the Capital Improvement Plan that the
Kubota replacements would be made over a couple of years. A budget amendment will be prepared at
year-end if necessary.
Surplus:
No Kubota vehicles will be declared surplus at this time. Staff is evaluating whether these units can be
reallocated to other departments.
The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney.
Account Information:
Fund Department / Division Account
Number
Account
Description
Total
Cost
General Public Works /
Solid Waste A7020-66410 Automotive $107,098.50
Recommendation:
Village Staff requests Council consideration and adoption of the attached Resolution approving
the purchase of three (3) 2022 GO-4 Refuse Hauler from Jeffrey Allen, Inc., a Dealer for Westward
Industries LTD, pursuant to pricing established in an existing Sourcewell Cooperative Purchasing
Agreement at a total cost not to exceed $107,098.50, with funds expended from General Fund
Account No. A7020-66410 (Solid Waste - Automotive) in accordance with Village policies and
procedures.
RESOLUTION 2021-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING THE PURCHASE OF
THREE 2021 GO-4 REFUSE HAULERS FROM JEFFREY ALLEN, INC.
PURSUANT TO PRICING ESTABLISHED IN AN EXISTING SOURCEWELL
COOPERATIVE PURCHASING AGREEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Public Works Department is requesting approval of the purchase of three GO-4
Refuse Haulers manufactured by Westward Industries, LTD from Jeffrey Allen, Inc. pursuant to
pricing established in an existing Sourcewell Cooperative Purchasing Agreement (Contract No.
122220-WWI); and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves the purchase of three 2021 GO-4 Refuse
Haulers manufactured by Westward Industries, LTD from Jeffrey Allen, Inc. pursuant to pricing
established in an existing Sourcewell Cooperative Purchasing Agreement (Contract No. 122220 -
WWI) at a total cost of $107,098.50, with funds expended from Account No. A7020-66410 (Public
Works/Solid Waste – Automotive).
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS ____DAY OF ____________, 2021.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
East Coast Division Central Division West Coast Division
Mailing Address 2701 Reese Road 1724 Diplomacy Row 4401 N. US Hwy 301P.O. Box 891359 Davie, FL 33314 Orlando, FL 32809 Tampa, FL 33610Tampa, FL 33689 Ph: (954) 485-6175 Ph: (407) 476-9511 Ph: (813) 622-7717Fax (954) 484-4765 Fax (407) 420-7865 Fax (813) 627-9708
REF #PROPOSAL DATE CUSTOMER ORDER #
SERIAL NUMBER SHIP VIA
WARRANTY
CUSTOMER NAME
ADDRESS
CITY, STATE, ZIP
CONTACT NAME & PHONE
EMAIL
SHIP TO NAME
ADDRESS
CITY, STATE, ZIP
CONTACT NAME & PHONE
EMAIL
SUBTOTAL
FL SOLID WASTE FEE - NEW BATTERIES
SUBMITTED BY:FL SOLID WASTE FEE - NEW TIRES
NAME:
TITLE:
ACCEPTED BY:
CUSTOMER SIGNATURE:
NAME AND TITLE:
DATE:
(plus applicable sales tax at time of invoice)
QUOTED PRICES GUARANTEED SUBJECT TO ACCEPTANCE WITHIN 30 DAYS. ALL RETURNS SUBJECT TO A 20% RESTOCK FEE. ALL DAMAGES MUST BE REPORTED IN WRITTING WITHIN 10 DAYS
OF RECEIPT OF GOODS. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THIS SALES PROPOSAL/ BILL OF SALE.
# of units 3
PAYMENT TERMS:Net 30 days GRAND TOTAL $107,098.50
TITLE TRANSFER $250.00
TOTAL PER UNIT $35,699.50
$4.00
$2,250.00
LOCAL PREP & DELIVERY $392.00
$32,802.00
$1.50
INBOUND FREIGHTJEFFERY HERNANDEZ
COMMERCIAL SALES TERRITORY MANAGER
NERF BAR (REAR BUMPER)$385.00
HELLA LED AMBER ROOF LIGHT INSTALLED $695.00
HEAVY DUTY NERF BAR (FRONT BUMPER)$495.00
EXTRA SET OF KEYS $35.00
BACK UP ALARM $195.00
INSIDE CAB FAN - FOR EXTRA COOLING $175.00
INSIDE CAB CEILING LIGHT $150.00
WESTWARD GO-4 GAS XTR EXTENDED w/DUMPER - NO DOORS $30,672.00
SAMESAME
PRICING BASED ON SOURCEWELL # 122220-WWI
DESCRIPTION SOURCEWELL
122220-WWI
Other warranty type (see comments)
stock photo
VILLAGE OF NORTH PALM BEACH645 PROSPERITY FARM ROADNORTH PALM BEACH, FL 33408CHUCK HUFF (561)904-2139
CHUFF@VILLAGE-NPB.ORG
SAMESAMESAME
Toll Free (800) 282-6256 • www.jeffreyalleninc.com
VEHICLE SALES PROPOSAL
VNPB-21710 WW 10/7/2021 TBD
TBD JAI TRUCK DELIVERY DATE TBD
VILLAGE OF NORTH PALM BEACH
OFFICE OF THE VILLAGE CLERK
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Jessica Green, Village Clerk
DATE: October 28, 2021
SUBJECT: RESOLUTION – Announcing the Village General Election on March 8, 2022
Section 10-3 of the Village Code of Ordinances (“Notice of general election”) provides as follows: “The
village clerk shall cause to be published at least fifteen (15) days next preceding any general election,
once, in a newspaper of general circulation in the village, a notice stating the date of such election, the
offices to be filled, and the time and place where such election shall be held; and if there be one (1) or
more propositions to be voted upon, state in substance the character of the propositions to be voted
upon. In addition, such notice shall be given by posting a copy thereof in at least three (3) public and
conspicuous places in the village, one (1) of which shall be the bulletin board in the village hall.”
In accordance with Section 10-3, the Village Clerk will publish the required notice at least 15 days prior
to the March 8, 2022 General Election. The Village Clerk also provides advance notice of the election
through the Village Newsletter and website, and posts a notice on the bulletin boards at the Village Hall
and two other Village-owned facilities.
The attached Resolution: announces the March 8, 2022 Election; declares the offices to be filled; requests
that the Palm Beach County Supervisor of Elections conduct the election; delegates certain duties to the
Supervisor of Elections; and delegates all canvassing duties, as defined by Florida Statute and the Florida
Administrative Code, to the County Canvassing Board composed of the Supervisor of Elections; a county
court judge, who shall act as chair; and the chair of the Board of County Commissioners, or their
respective alternates or substitutes.
There is no immediate fiscal impact.
The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney.
Recommendation:
Village Staff recommends Council consideration and approval of the attached Resolution
announcing the General Election on March 8, 2022; declaring the offices to be filled; requesting
that the Palm Beach County Supervisor of Elections conduct the election; delegating certain
duties to the Supervisor; and providing for the delegation of all canvassing duties to the County
Canvassing Board.
RESOLUTION NO. 2021-___
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, ANNOUNCING THE DATE OF THE VILLAGE
GENERAL ELECTION AND RUN OFF ELECTION, IF NECESSARY;
DESIGNATING VOTING LOCATIONS; REQUESTING THAT THE
SUPERVISOR OF ELECTIONS CONDUCT THE ELECTION; AUTHORIZING
THE SUPERVISOR OF ELECTIONS TO CERTIFY THE ACCURACY OF THE
TABULATION EQUIPMENT AND HANDLE, CERTIFY AND CANVASS ALL
BALLOTS, INCLUDING ABSENTEE BALLOTS; DESIGNATING THE
CANVASSING BOARD; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Charter provides for a General Election to be held on the second Tuesday in
March, 2022; and
WHEREAS, there are three offices to be filled at the General Election to be held in the Village on
March 8, 2022; and
WHEREAS, in accordance with the requirements of Chapter 83-498, Laws of Florida, the Florida
Election Code and the Village Code of Ordinances, the Town Council wishes to: (1) formally
announce the date of the General Election, the date of the Run-Off Election (if necessary) and the
voting locations; (2) request that the Palm Beach County Supervisor of Elections conduct the election,
certify the accuracy of the tabulation equipment, and handle, canvass, and certify all ballots, including
absentee ballots; and (3) designate the Village’s canvassing board.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are hereby ratified and incorporated herein.
Section 2. The General Election for Village Councilmember Group 1 (two-year term), Group 3
(two-year term) and Group 5 (two-year term) shall be held on Tuesday, March 8, 2022, with a Run-
Off Election, if necessary, to be held on Tuesday, March 22, 2022.
Section 3. The precincts for the Village General Election shall be the same as those designated
by Palm Beach County.
Section 4. The Village Council requests that the Palm Beach County Supervisor of Elections
conduct the Village General Election, including the Run-Off Election, if necessary. The Supervisor
of Elections shall conduct a Logic and Accuracy Test for the tabulation of all ballots, including
absentee ballots, and the Village Clerk or her designee shall be present during such testing.
Section 5. The Town Council authorizes the Palm Beach County Supervisor of Elections to
distribute, canvass and certify all ballots for the Town General Election, including absentee ballots,
in accordance with the Florida Election Code and the Town Code of Ordinances. The Town Council
further delegates all canvassing duties, as defined by Florida Statute and the Florida Administrative
Code, to the County Canvassing Board appointed by the Palm Beach County Commission and the
Chief Judge of the Fifteenth Judicial Circuit to be composed of the Supervisor of Elections; a County
Court Judge, who shall act as chair; and the Chair of the Board of County Commissioners, or their
respective alternates or substitutes.
Section 6. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this _____ day of ____________, 2021.
______________________________
MAYOR
(Village Seal)
ATTEST:
________________________________
VILLAGE CLERK
VILLAGE OF NORTH PALM BEACH
OFFICE OF THE VILLAGE CLERK
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Jessica Green, Village Clerk
DATE: October 28, 2021
SUBJECT: RESOLUTION – Approval of Vote Processing Equipment Use and Elections
Services Agreement with the Palm Beach County Supervisor of Elections
Since 2009, each Palm Beach County municipality has entered into an annual agreement with
the Palm Beach County Supervisor of Elections (SOE) to supply voting equipment and provide
election services for municipal elections.
The attached agreement details and allocates the duties and responsibilities associated with
conducting municipal elections. The agreement provides the option to utilize a single County
Canvassing Board versus a separate Municipal Canvassing Board. The single Canvassing Board
would be a County Canvassing Board, pursuant to Florida Statutes, Section 101.141(1),
“composed of the supervisor of elections; a county court judge, who shall act as chair; and the
chair of the board of county commissioners.”
Each year the Village adopts a resolution that announces the general election, requests that the
Palm Beach County Supervisor of Elections conduct the election and delegates certain duties to
the Supervisor. The resolution also appoints the members of the Village’s Canvassing Board.
The responsibilities of a canvassing board include certifying Logic and Accuracy testing on voting
equipment, reviewing any vote-by-mail ballot signatures that do not match the signature on file in
the voter registration system, reviewing damaged and poorly marked ballots, reviewing
provisional ballots, certifying the results of the election and conducting any necessary recounts.
At its Regular Council meeting on September 23, 2021, the majority of Council was in favor of
utilizing a single County Canvassing Board for the March 8, 2022 Municipal Election.
Estimated Municipal election costs have not yet been provided by the Supervisor of Elections. The total
amount paid to the Supervisor of Elections for the last Uniform Municipal Election held on March 9, 2021
was $32,248.11. The total cost of the election not including advertising was $46,109.86. The
amount budgeted for election expense for the March 8, 2022 election in the FY 2021-2022 Budget
is $47,500.00.
The attached Resolution and Agreement have been prepared and/or reviewed for legal sufficiency
by the Village Attorney.
Recommendation:
Village Staff recommends Council consideration and adoption of the attached Resolution
approving an Agreement for Vote Processing Equipment Use and Election Services with the
Palm Beach County Supervisor of Elections and authorizing the Mayor and Village Clerk to
execute the Agreement in accordance with Village policies and procedures.
RESOLUTION 2021-__
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT FOR
VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES WITH
THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE
AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in 2009, the Palm Beach County League of Cities, through its Ad Hoc Committee on
Municipal Elections, negotiated an agreement with the Palm Beach County Supervisor of Elections to
detail and allocate the duties, responsibilities and fees associated with conducting municipal
elections commencing with the 2010 municipal election; and
WHEREAS, the Supervisor of Elections has presented the Village with a revised Agreement for
Vote Processing Equipment Use and Election Services for the 2022 general election, and the
Village Council determines that the approval of the Agreement is in the best interests of the
residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves the Agreement for Vote Processing
Equipment Use and Election Services with the Palm Beach County Supervisor of Elections, a copy
of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk
to execute the Agreement on behalf of the Village.
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS 28TH DAY OF OCTOBER, 2021.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
2022 MUNICIPAL ELECTION
VOTE PROCESSING EQUIPMENT USE
AND ELECTIONS SERVICES AGREEMENT
This Vote Processing Equipment Use and Elections Services Agreement (hereinafter referred to
as the “Agreement”) is hereby entered into by and between the Palm Beach County Supervisor
of Elections Office (hereinafter referred to as “SOE”) and the Village of North Palm Beach,
Florida (hereinafter referred to as “MUNICIPALITY”).
WITNESSETH:
WHEREAS, pursuant to Section 101.34, Florida Statutes, SOE is the legal custodian of certified
vote processing equipment owned by Palm Beach County, Florida, and is hereby charged with
the responsibility for custody and maintenance of said equipment; and,
WHEREAS, MUNICIPALITY desires, or is otherwise statutorily obligated, to conduct an
election that requires the use of vote processing equipment to count ballots; and,
WHEREAS, all vote processing equipment requires specially trained and knowledgeable
individuals to program, operate and maintain said equipment; and,
WHEREAS, the Palm Beach County Board of County Commissioners has authorized SOE to
provide any necessary terms and conditions for the use of such voting equipment; and,
WHEREAS, SOE can provide the necessary personnel to program, operate and maintain said
equipment; and,
WHEREAS, MUNICIPALITY hereby acknowledges full responsibility for all applicable
requirements under the Florida Election Code and any provision of the City Charter or municipal
ordinances which may not be addressed or included in this Agreement.
NOW THEREFORE, in consideration of the premises and of the mutual promises, terms and
conditions stated herein, SOE and MUNICIPALITY agree as follows:
ARTICLE 1 – RECITALS
The above recitals are true and correct and incorporated herein.
ARTICLE 2 – AGREEMENT
SOE shall provide MUNICIPALITY such necessary vote processing equipment and election
services according to the terms and conditions stated in this Agreement, for the purposes of
conducting a Municipal Election to be held on March 8, 2022, and a Run-Off Election, if
necessary, along with the necessary vote processing equipment and election services to facilitate
any early voting sites, polling locations and polling places as may be necessary and agreed upon
by the parties.
2022 ELECTIONS AGREEMENT Page 2 of 8
ARTICLE 3 – OPERATION AND PROGRAMMING SERVICES
3.1 Municipal Services. For each election, MUNICIPALITY shall pay SOE for election
operations.
3.2 Vote-By-Mail Ballots. MUNICIPALITY shall pay SOE for vote-by-mail operations and
materials.
3.3 Repairs. For any election, all maintenance, repairs or other troubleshooting services for vote
processing equipment, including any tabulators, check-in devices, and other voting equipment,
will be performed exclusively by SOE and such services are included in all stated charges.
However, SOE does reserve the right to seek reimbursement from MUNICIPALITY for any
repairs or maintenance caused by any neglect or unauthorized acts by any employee or
representative of MUNICIPALITY.
ARTICLE 4 – OTHER ELECTION CHARGES
4.1 Precinct Services. For each election, MUNICIPALITY shall pay SOE for precinct
preparation and poll worker training.
4.2 Other. For each election and upon proper notice to MUNICIPALITY, MUNICIPALITY
shall pay SOE for any other election services not contemplated herein which may be needed to
conduct an orderly election.
ARTICLE 5 – TERM
For each election, the terms of this Agreement begin with ballot layout and conclude when
ballots have been processed, election results have been certified, all vote processing equipment
has been returned to the SOE’s warehouse and an audit, if applicable, has been completed. In the
event of an election contest or challenge, SOE agrees to cooperate in providing any public
records which the SOE maintains or otherwise controls.
ARTICLE 6 – APPLICABLE REQUIREMENTS OF FLORIDA’S ELECTION CODE
MUNICIPALITY shall properly call the election in accordance with any Florida Statutes,
applicable charter provisions or city ordinances. MUNICIPALITY agrees that the Municipal
Clerk is responsible for the conduct of the city’s elections and for ensuring compliance with all
applicable Florida Statutes, including the Florida Election Code and any municipal charter
provisions and ordinances. Any obligations or duties not set forth in this Agreement shall be the
sole responsibility of MUNICIPALITY.
ARTICLE 7 – NOTICE AND ADVERTISEMENT OF ELECTIONS
7.1 Uniform Municipal Election. MUNICIPALITY shall prepare and arrange for publication of
all legal advertising required by state and federal statutes, city charter and city ordinances.
MUNICIPALITY agrees that all advertisements of elections conducted in Palm Beach County
shall be published in both English and Spanish and that MUNICIPALITY shall be responsible
for the accurate and complete translation of any such notices. SOE shall, if available, provide
samples of required advertising upon request.
7.2 Run-Off Election. In the event of a run-off election, MUNICIPALITY shall prepare and
arrange for publication of all legal advertising required by state and federal statutes, city charter
2022 ELECTIONS AGREEMENT Page 3 of 8
and city ordinances. MUNICIPALITY agrees that all advertisements of elections conducted in
Palm Beach County shall be published in both English and Spanish and that MUNICIPALITY
shall be responsible for the accurate and complete translation of any such notices. SOE shall, if
available, provide samples of required advertising upon request.
ARTICLE 8 – QUALIFYING OF CANDIDATES
MUNICIPALITY may provide qualifying packets to candidates. MUNICIPALITY shall accept
and process all qualifying papers and fees. For audio ballots, MUNICIPALITY shall collect
pronunciation guides from candidates at the time of qualifying and shall submit them to SOE at
the close of qualifying.
If petitions are part of qualifying process, MUNICIPALITY shall pay SOE Ten Cents ($.10) per
name, or such other amount as determined per Florida Statutes or the Florida Administrative
Code, checked to verify any signatures on qualifying petitions. SOE agrees to verify any
signatures for any qualifying petitions timely submitted by MUNICIPALITY in the order such
petitions are received.
In no event shall SOE issue any recommendations or make any legal determinations as to the
qualifications of eligibility of any candidate for municipal office.
ARTICLE 9 – PRINTING OF BALLOTS AND BALLOT SERVICES
9.1 Uniform Municipal Election.
SOE shall place an order for sufficient quantity of Election Day ballots with a third-party printer
as selected exclusively by SOE.
MUNICIPALITY shall furnish, immediately upon the conclusion of the qualifying period, all
ballot information in English, including the name of the candidates as they are to appear on the
ballot, the name of the Municipality, the name of the election, the title of office or referendum
title, explanation, and questions.
SOE agrees to provide the layout of the ballot(s) based on the information furnished by
MUNICIPALITY and deliver ballot layout to the approved printer. Both SOE and
MUNICIPALITY must sign off on ballot proof(s).
SOE will provide all necessary translations of ballots, in accordance with Section 203 of the
Voting Rights Act, as well as Creole translations for the ExpressVote machine.
MUNICIPALITY shall be responsible for all translation costs.
The SOE will be responsible for ordering test ballots. Once test ballots are received from the
printer, SOE will test all vote processing equipment in accordance with the standards established
by the Florida Division of Elections and any applicable Florida Statutes. Upon receipt of the
printed ballots from the printer, SOE shall receive, securely store, and account for all ballots until
disbursed to poll workers. SOE shall also control and limit all access to un-voted ballots while in
possession of SOE.
2022 ELECTIONS AGREEMENT Page 4 of 8
9.2 Run-Off Election.
In the event of a run-off election, MUNICIPALITY will be responsible for providing all
information stated in 9.1. MUNICIPALITY must approve ballot content and layout prior to
printing.
MUNICIPALITY will be responsible for reimbursing SOE for any and all costs incurred.
ARTICLE 10 – POLL WORKERS
10.1 Selection and Training of Poll Workers. SOE will hire and train all poll workers in
accordance with the Florida Election Code and other guidelines, procedures or regulations as
followed or adopted for the conduct of elections in Palm Beach County. The clerk for
MUNICIPALITY, or a representative, shall be in attendance for poll worker training sessions.
Poll workers shall undergo job specific training and complete required number of training hours
as specified by SOE poll worker department management. All necessary supplies and ballots will
be provided by SOE and stored in precinct cabinets or transported in poll worker clerk bags.
10.2 Uniform Municipal Election. MUNICIPALITY shall pay poll workers directly for their
services.
10.3 Run-Off Election. In the event of a run-off election, MUNICIPALITY shall pay poll
workers directly for their services.
ARTICLE 11 – SELECTION OF POLLING PLACES
MUNICIPALITY shall provide ADA compliant Polling Places. The MUNICIPALITY will be
responsible to pay for all costs incurred with Polling Place changes, including the mailing of
Polling Place change notices to voters.
ARTICLE 12 – SAMPLE BALLOTS
12.1 Uniform Municipal Election.
MUNICIPALITY shall review the sample ballot(s) and confirm the accuracy of the election date,
office, candidate name(s), polling locations, polling places and all other information contained
therein. At MUNICIPALITY’S option and expense, SOE shall coordinate the mailing of the
sample ballots to all registered voters in the municipality prior to the election.
12.2 Run-Off Election.
In the event of a run-off election, SOE shall not create or mail sample ballots.
ARTICLE 13 – TRANSPORTATION OF ELECTIONS EQUIPMENT AND SUPPLIES
13.1 Uniform Municipal Election.
SOE will be responsible for delivery and pick up of any vote processing equipment. Election
equipment will be delivered by SOE, or a third party representative of SOE on an agreed upon
date, up to eight (8) days prior to the election. SOE, or a third party representative of SOE, will
pick up voting equipment on an agreed upon date. SOE shall have full discretion and authority to
hire and employ any outside third parties to assist with or perform delivery and pick up of voting
equipment.
2022 ELECTIONS AGREEMENT Page 5 of 8
13.2 Run-Off Election.
SOE will maintain responsibility for transportation of equipment and supplies as stated in 14.1.
MUNICIPALITY shall reimburse SOE for any and all costs incurred for equipment delivery and
pickup.
13.3 MUNICIPALITY is not permitted to deliver any election equipment.
ARTICLE 14 – LOCATION AND STORAGE OF VOTING EQUIPMENT
All voting equipment shall be stored, maintained, and located in a well-protected, secure,
temperature-controlled, indoor room or facility. Once the voting equipment is delivered to a
voting site, no equipment shall be relocated without the prior written approval of SOE.
ARTICLE 15 – CANVASSING OF ELECTION RESULTS
15.1 County Canvassing Board. If MUNICIPALITY is using the County Canvassing Board,
SOE shall schedule and coordinate the date on which the Canvassing Board is to assemble to
canvass the results of the election. SOE shall notice and advertise, as needed, the dates of any
canvassing board meetings. SOE shall convene the Canvassing Board to determine which voted
Vote-By-Mail ballots are to be tabulated. SOE shall provide for collection of results from each
precinct.
15.2 Municipal Canvassing Board. If MUNICIPALITY is using its own, separate Canvassing
Board, MUNICIPALITY shall coordinate with SOE and schedule the date(s) on which
MUNICIPALITY’S Canvassing Board is to assemble to canvass the results of the election.
Supervisor of Elections will not be a member of the MUNICIPALITY’S Canvassing Board. The
Supervisor of Elections may be a substitute member. MUNICIPALITY shall notice and advertise
in both English and Spanish, as needed, the dates of any Canvassing Board meetings.
MUNICIPALITY shall convene the Canvassing Board to determine which voted ballots are to
be tabulated. MUNICIPALITY shall provide for collection of results from each precinct.
15.3 Run-Off Election . In the event of a run-off election, MUNICIPALITY shall schedule and
coordinate the date on which MUNICIPALITY’S Canvassing Board is to assemble to canvass
the results of the election. If applicable, MUNICIPALITY shall coordinate for the use of SOE
facilities to conduct the Canvassing Board activities. MUNICIPALITY shall notice and advertise
in both English and Spanish, as needed, the dates of any Canvassing Board meetings.
MUNICIPALITY shall convene the Canvassing Board to determine which voted ballots are to
be tabulated. MUNICIPALITY shall provide for collection of results from each precinct.
ARTICLE 16 – AUDITS
MUNICIPALITY agrees to pay SOE for any additional costs as may be necessary, including
overtime expenses, for conducting an audit, if necessary.
ARTICLE 17 – POST-ELECTION RECORDS RETENTION
SOE shall process affirmation forms and sort, inventory, and pack all election materials for
pickup by SOE for retention and disposition. SOE shall store or cause to be stored all necessary
election records and ballots until expiration of retention period as prescribed by applicable
2022 ELECTIONS AGREEMENT Page 6 of 8
Florida Statutes and Rules. The MUNICIPAILITY is responsible for maintaining candidate
qualifying documents and certified results in accordance with Florida Law.
ARTICLE 18 – VOTER HISTORY
MUNICIPALITY and SOE will make mutually acceptable arrangements for recording and
maintaining voter history. MUNICIPALITY is responsible for determining whether voters are
eligible electors, pursuant to municipal charters and ordinances.
ARTICLE 19 – OTHER NECESSARY COSTS
Any additional costs or fees that may be incurred by SOE in compliance with the Florida
Election Code and as a direct result of a municipal election, that are not specified in this
Agreement, shall be paid for by MUNICIPALITY at rates and fees as established by SOE.
Examples of such additional costs or reimbursements include, but are not limited to, the
following:
A. Recounts. Any expenditure for conducting a recount, including any overtime expenses
for reprogramming voting equipment, and other expenses as may be necessary to conduct a
recount; and,
B. Attorneys’ Fees and Costs. Actual attorneys’ fees and costs incurred by SOE for research
or representation on any election-related matter shall be invoiced by SOE for reimbursement by
MUNICIPALITY.
ARTICLE 20 – HOLD HARMLESS COVENANT
To the extent permitted by law, MUNICIPALITY shall at all times hereafter indemnify, hold
harmless and, at SOE’s option, defend or pay for an attorney selected by SOE to defend SOE, its
officers, agents and employees against any and all claims, damages, injuries, losses, liabilities
and expenditures of any kind, including attorneys’ fees, court costs and expenses, including but
not limited to administrative challenges, civil suits or other legal challenges or appeals that may
arise from the contest of election results or the validation of any candidate qualifications, arising
out of or resulting from the negligence of MUNICIPALITY or its employees acting within the
course and scope of their employment in the performance of this Agreement.
The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the
waiver or limits set forth at Sec. 768.28, Florida Statutes. In no case shall such limits for SOE or
MUNICIPALITY extend beyond $200,000 for any one person or beyond $300,000 for any
judgment which, when totaled with all other judgments, arises out of the same incident or
occurrence. Furthermore, nothing herein shall be construed as consent by the MUNICIPALITY
or the SOE, as a state agency or subdivision of the State of Florida, to be sued by third-parties in
any matter arising out of any contract.
These provisions shall not be construed to constitute agreement by either party to indemnify the
other for such others’ negligent, willful or intentional acts or omissions.
ARTICLE 21 – ENTIRETY AND AMENDMENTS
The Agreement embodies this entire agreement between SOE and MUNICIPALITY and
supersedes all prior agreements and understandings relating to the conduct of elections. No
2022 ELECTIONS AGREEMENT Page 7 of 8
modification, amendment or alteration to this Agreement shall be effective of binding unless
submitted in writing and executed by the duly authorized representatives of both SOE and
MUNICIPALITY.
ARTICLE 22 – EFFECTIVE DATE
The effective date of this Agreement shall be the latest date of execution by duly authorized
representatives of SOE and MUNICIPALITY as shown on the signature page hereto.
IN WITNESS WHEREOF, we, the undersigned, do hereby state that we have the authority to
bind and obligate as promised herein, SOE and MUNICIPALITY for purposes of executing this
agreement on the dates set forth below.
Signature
Wendy Sartory Link
Name (Printed or Typed)
Palm Beach County Supervisor of Elections
Title
Date
Witness Signature
Witness Name (Printed or Typed)
_________________________________
Signature
Darryl Aubrey
Name (Printed or Typed)
Mayor
Title
Date
Attest:
Jessica Green, Village Clerk
Discussion:
Lakeside Permit Parking
Village Council
October 28,2021
Goals
•To make more parking
space available for
residents and their guests,
particularly on weekends
and holidays.
•Currently, many residents
are unable to park on
weekends and holidays
because of heavy use by
non-residents.
•Lakeside only has 22
regular spots and 1
handicap spot.
2
Primary Focus
•The Primary focus of this
presentation is on Resident
Parking Permits.
•However, Non-Resident
Permits and Guest Pass
options are embedded in
this Presentation for Policy
consideration and debate.
•At the end of the
Presentation, we will be
asking you for guidance on
a couple bullet points.
3
The Solution
Permit Parking
•Residents receive free
permits; Non-residents pay
a fee.
•The permit is a sticker to be
placed on the right-rear
bumper.
•Residents are allowed to
receive the sticker based
on the number of
registered vehicles at
their address.
•Stickers are good for one
year.4
Details Cont’d
•Each year residents must apply
for a new sticker; Non-residents
too.
•Renewal period begins early
September.
•Stickers expire every
September 30th.
•Each year, the stickers are
ordered in a different color.
Year 1 will be North Palm blue
and white.
5
Details Cont’d
•To purchase a sticker, residents must
present ID, vehicle registration for
the vehicle(s) to which the sticker will
be affixed, and proof of residency.
•Residents are defined as property
owners in the Village and/or
renters who have a current one
year lease.
•Non-residents must present ID and
vehicle registration for the vehicle to
which the sticker will be affixed.
•Non-residents are limited to one per
household.
6
Details Cont’d
•Non-resident stickers cost XXX per
year.
•Only difference between stickers is
that the non-resident sticker has a
big NR on it for non-resident.
•Residents also have the option to
purchase guest passes.
•Guest passes are limited to one per
household and cost $10.
•Non-residents cannot purchase
guest passes.
7
Details Cont’d
•Guest passes are printed on
cardstock with a seal and include the
resident’s sticker number and name
of resident who purchased the pass.
•Guest passes must be displayed on
dashboard of guest’s vehicle.
•When a resident has a guest that
wants to park in the lot, the guest
pass is used in the vehicle and then
returned to the resident.
8
Details Cont’d
•Stickers and guest passes can be
purchased online or in person at
Anchorage Park. Non-residents must
appear in person.
•If purchased online, required information
must be emailed to Becky Ring (or
brought in physically). Her email address
will be listed on the shopping cart page.
•Without a guest pass or sticker, the
owner would get a ticket.
•Please do not confuse the guest pass
with the Guest Parking Pass that guests
of Lakeside residents must place on their
dashboard when parking on the swale or
somewhere other than a driveway. 9
Details Cont’d
•Online purchases can be made on our Parks and Recreation Activities page.
•www.NPBVillageActivities.com
•Currently, we have a “Boat Ramp” tab for Marine decals.
10
Details Cont’d
•Stickers and guest passes could
also be sold at multiple locations
including the Library and
Community Development.
•If a resident gets a citation, there
could be a note on the citation that
states, “Please see Park staff
within seven days of this citation to
get your free parking permit, and
the citation fee will be waived.”
11
Recommendation
•Staff recommends that only XXX amount of non-resident stickers be sold
each year, on a first come, first served basis.
•This will also help to incorporate the larger NPB community which
includes Village employees, TCS families, employees at local
businesses, and people who regularly participate in our events or
classes.
•The Town of Palm Beach Shores, for example, only makes available 40
non-resident stickers per year. Staff told us it was the Commissioners
decision. As of October 18, 2021, they have only sold 30 (staff thinks
because of the recent price increase, from $200 to $350).
12
Outreach
Getting the Word Out:
•Website, newsletter, e-
newsletter, social media, front
lobby TVs.
•Signage with QR codes to scan
which direct residents to our
online Activities page, where
folks can sign up for programs
online, purchase Marina decals,
or parking permits.
•Also, new permanent signage
that states “parking by permit
only.”
•Education via Park Ranger.
13
Tracking Permits
•In Admin, staff will keep an
excel spreadsheet of all
registered permit holders.
•Sticker numbers will be listed
on spreadsheet along with tag
information, address, guest
pass, and date.
14
Policy Guidance
•Should non-resident stickers
be made available? If so,
unlimited or limited? For
example, the Town of Palm
Beach Shores only makes
available 40 non-resident
stickers per year.
•Should we have guest passes
for residents? How much
should they cost? Should we
limit one per household?
•Concerning resident stickers,
should we allows all owned
vehicles to be registered or
only allow two vehicles per
household?15
Policy Guidance Cont’d
•Ranger will work Fri-Sun. Is
there an expectation of parking
lot enforcement Mon-Thurs or
weekends/holidays only?
•Could members of Friends of
Lakeside Park or community
volunteers help place warning
slips underneath people’s
windshield wipers? Maybe do
this during education period?
Something with our main
number on it so they can call if
they have questions or want to
get a permit.
16
In Closing
Remember: Our goal is to
improve the parking situation
on weekends and holidays at
Lakeside Park, so that more
residents can enjoy it for
themselves, their families,
and guests.
Staff is also in the process of
recruiting a Park Ranger.
17
Questions or Comments
Notes:
18