2021-12 Prosperity Village PUDORDINANCE NO. 2021-12
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, CREATING A RESIDENTIAL PLANNED
UNIT DEVELOPMENT TO BE KNOWN AS "PROSPERITY VILLAGE" ON
APPROXIMATELY 2.33 ACRES OF REAL PROPERTY LOCATED ON THE
WEST SIDE OF PROSPERITY FARMS ROAD SOUTH OF ALLAMANDA
DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
FOR THE DEVELOPMENT OF THE PROPERTY IN ACCORDANCE WITH
THE PLANS, SPECIFICATIONS,' WAIVERS AND CONDITIONS
REFERENCED IN THIS ORDINANCE; PROVIDING PROCEDURES FOR
FUTURE MODIFICATIONS; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Prosperity Village Development, LLC ("Applicant"), property owner, filed an
application for the creation of a Residential Planned Unit Development pursuant to Section 45-
35.1 of the Village Code of Ordinances for an approximately 2.33 -acre parcel of vacant real
property located on the west side of Prosperity Farms Road south of Allamanda Drive, as more
particularly described in Exhibit "A" attached hereto and incorporated herein ("Property"); and
WHEREAS, the Property is within the R-1 (Single -Family Dwelling) Zoning District and has a
future land use classification of Low Density Residential; and
WHEREAS, the Applicant wishes to construct eleven (11) single-family dwellings on the
Property; and
WHEREAS, having considered the recommendation of the Planning Commission, the Village
Council determines that the Planned Unit Development application is consistent with the Village's
Comprehensive Plan and meets each of the applicable requirements set forth in Section 45-35.1 of
the Village Code of Ordinances; and
WHEREAS, the Village Council wishes to approve the creation of the Planned Unit Development
in accordance with the plans and specifications submitted by the Applicant, subject to the approved
modifications or "waivers" to the Village's land development regulations and the conditions of
approval imposed by the Village Council.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby creates a Residential Planned Unit Development to be
known as "Prosperity Village" on approximately 2.33 acres of vacant real property legally
described in Exhibit "A" attached hereto and incorporated herein by this reference.
Section 3. The Applicant shall develop the Prosperity Village PUD in accordance with the
following plans and specifications on file with the Village's Community Development
Department:
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A. Plans prepared by Cotleur & Hearing consisting of eight (8) sheets:
1 Cover Page dated April 7, 2021 and last revised on October 14, 2021
2 Site Plan dated April 7, 2021 and last revised on October 14, 2021
3 Queuing Plan dated April 7, 2021 and last revised on October 14, 2021
4 Site Details dated April 7, 2021 and last revised on October 14, 2021
5 Typical Site Layout dated April 7, 2021 and last revised on September 9, 2021
6 Landscape Plan dated April 7, 2021 and last revised on October 14, 2021
7 Landscape Details dated April 7, 2021 and last revised on October 14, 2021
8 Tree Disposition Plan dated April 7, 2021 and last revised on October 14, 2021
B. Design and Diversity Criteria for Prosperity Village dated October 10, 2021 consisting of
nine (9) pages
C. Preliminary Plat prepared by Lidberg Land Surveying, Inc. dated June 24, 2021 and
consisting of two (2) sheets.
Section 4. In approving the Prosperity Village PUD, the Village Council hereby grants the
following minor modifications or "waivers" from the requirements of the Village's land
development regulations (as depicted in the approved plans referenced in Section 3 above):
A. Waiver from Section 45-27(D) of the Village Code to: reduce the required front setback
from twenty-five feet (25') to twenty feet (20'); reduce the required rear setback from
twenty feet (20') to ten feet (10'); reduce the side setback from ten feet (10') to five feet
(5'); and reduce the side street setback from twenty feet (20') to ten feet (10').
B. A waiver from Section 45-27(C) of the Village Code to reduce the minimum lot width from
seventy-five feet (75') to fifty-five feet (55').
C. A waiver from Section 45-27(C) of the Village Code to reduce the minimum lot area from
seven thousand five hundred (7,500) square feet to five thousand six hundred and eight -
one square feet (5,681) square feet.
D. A waiver from Section 45-36(D) of the Village Code to increase the height of a fence
within the front setback from four feet (4') to six feet (6') within the right-of-way landscape
buffer along Prosperity Farms Road.
Section 5. To the extent not modified in Section 4 above, Applicant shall develop, operate and
maintain the Property in accordance with all Village Code requirements. The Property shall not
be subject to the Zoning in Progress set forth in Ordinance No. 2021-10. Additionally, the
Applicant shall obtain all required permits and approvals from all regulatory agencies with
jurisdiction over the Property and shall comply with the conditions attached to such permits and
approvals.
Section 6. The Village Council's approval of the Prosperity Village PUD is subject to the
following additional conditions:
A. The electric entry gate shall match the gate shown in the renderings provided.
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B. A drainage easement shall be recorded with or dedicated on 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 ("HOA") and shall specifically limit the installation of
permanent structures and impervious surfaces in this area. The HOA's maintenance
responsibility shall be referenced in the HOA's Declaration of Restrictive Covenants
("HOA Declaration").
C. The "park" shown on the south side of property shall be a publicly accessible easement
recorded with or dedicated on the final plat and shall be maintained by the HOA. The
HOA's maintenance responsibility shall be referenced in the HOA Declaration. The owner
of the adjacent lot (Lot 7) 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.
D. The 35000 square foot "open space park" shown in the northeast corner of the Property
shall be open to the public from sunrise to sunset. The open space park shall be an easement
recorded with or dedicated on the final plat and shall be maintained by the HOA. The
HOA's maintenance responsibility shall also be referenced in the HOA Declaration.
E. The HOA shall be responsible for the maintenance of concrete pavers installed within the
Prosperity Farms Road right-of-way adjacent to the Property and the HOA's maintenance
responsibility shall be referenced in the HOA Declaration.
F. Irrigation plans shall be provided before approval/issuance of the infrastructure permit.
G. Applicant shall receive driveway access approval from the Palm Beach County Traffic
Division prior to the issuance of the first building permit. The Applicant shall preserve the
existing median on Prosperity Farms Road during the County permitting process.
H. Prior to issuance of site development permit, the Applicant shall 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 pre -development versus post -
development analysis for the SFWMD 25 -year storm discharge criteria.
I. Prior to approval of final civil plans, a five (5) percent slope shall be provided from the
front building foundation of the dwelling units to the crown of the road as an approved
method of diverting water away from the foundation.
J. Prior to the issuance of the first building permit for vertical construction, the final plat shall
be approved by Village Council in accordance with Section 36-14 of the Village Code of
Ordinances.
K. All infrastructure, including but not limited to fire hydrants, street lights and storm drains,
depicted on the approved Site Plan shall be maintained by the HOA. The HOA's
maintenance responsibility shall be referenced in the HOA Declaration.
L. Prior to issuance of first permit of vertical construction, a copy of the Declaration of
Restrictive Covenants (HOA Declaration) shall be submitted to the Community
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Development Director and Village Attorney for approval and review of compliance with
these conditions of approval.
M. 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.
N. If any significant archeological resources are found on site during development and
construction, the Applicant shall notify Village Staff and follow the procedures outlined in
Section 21-104 of the Village Code of Ordinances.
O. 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.
P. Any and all Gopher Tortoises located on site shall be relocated offsite in accordance with
Florida Fish and Wildlife Conservation Commission ("FWC") requirements and
procedures.
Q. Vertical building construction permits shall not be approved until the Building Official
determines that the underground water mains and fire hydrants are installed, completed,
and in service at a satisfactory level.
R. All residential units shall be constructed in conformance with the approved Design and
Diversity Criteria referenced in Section 3.13 above.
S. The green vinyl chain-link fence shown on west and north property lines shall be set two
(2) feet into the ground to prevent gopher tortoises from entering the site from adjacent
properties.
T. A centralized mailbox facility shall be provided at the request of the U.S. Postal Service.
The Applicant shall provide the location on site plan prior to the issuance of vertical
construction permits.
U. 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 in this Ordinance as formal conditions.
Section 7. A violation of any of the requirements or conditions of this Ordinance shall be
enforced in the same manner as a violation of a Village Code provision or a Village Ordinance.
The Village Council hereby grants the Code Enforcement Special Magistrate jurisdiction to
preside over any violations of this Ordinance in accordance with Article VI, Chapter 2 of the
Village Code.
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Section 8. The Village Council may approve minor modifications to the Planned Unit
Development by resolution without the necessity of review by the Planning Commission,
advertisement or public hearing. The following modifications shall not be considered minor:
A. Any increase in the number of residential dwelling units;
B. Any change in the method of physical access to the Property;
C. Any additional waiver of the Village's land development regulations; or
D. Any modification to the conditions of approval.
Section 9. Each of the conditions and requirements of this Ordinance shall be binding upon
the Applicant and its successors in interest or assigns and shall be deemed covenants running with
the land. The HOA Declaration shall include a statement that the Property shall be developed in
accordance with the conditions and requirements of this Ordinance.
Section 10. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 11. All ordinances, resolutions or prior development permits or approvals relating to
the Property in conflict with the provisions of this Ordinance are hereby repealed to the extent of
such conflict.
Section 12. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 28TH DAY OF OCTOBER, 2021.
, FINAL READING AND PASSED THIS 18TH DAY OF NOVEMBER, 2021.
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to
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VILLAG CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY: ,
VILLAGE ATTORNEY
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