2006-25 Amends Domani PUDORDINANCE 2006-25
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING ORDINANCE NO. 14-2005 TO PROVIDE FOR THE
ADOPTION BY RESOLUTION OF TIMEFRAMES FOR THE CONSTRUCTION OF
INFRASTRUCTURE IMPROVEMENTS AND RESIDENTIAL UNITS WITHIN THE
DOMANI PROJECT PLANNED UNIT DEVELOPMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Village Council for the Village of North Palm Beach created the Domani
Project Planned Unit Development ("Domani PUD") through the adoption of Ordinance No.
14-2005; and
WHEREAS, although Ordinance No. 14-2005 contained deadlines relating to the
commencement of the project, the completion of the project and the payment of monetary
contributions in lieu of dedication of land for public use, it did not contain comprehensive
timeframes for the construction of infrastructure and residential units within the Domani PUD;
and
WHERAS, the developer of the Domani PUD has commenced development as defined in
Ordinance No. 14-2005 and has submitted a proposed timeline regarding such construction
activities; and
WHEREAS, the Village Council wishes to amend Ordinance No. 14-2005 to allow for the
adoption, by resolution, of specific timeframes regarding the commencement of construction
activities; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best
interests of the public health, safety and welfare.
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 amends Ordinance No. 14-2005 by amending Section
10 to read as follows (additional language underlined and deleted language ~*^^L°~ *'~r^•~^''):
Section 10. '~-deiteloprnent~~~h~, D~Ja~a~ed i~niz-Develaet~-sh~'~l~o
° ,
rro=dr'2~e~I~@clti6~i=cei- ~xxia-~nu`r'~ g~it-cv~vcmir-ccFr°c~cc cv~iic-lvr
nrTirttYs-t6-wiisizE~3ee-E6i3Sti~Eti6~?-~~g6~-e~~.re--S~h,,••••, b,., .~a
th<, D~~-~~is~~v~,~~z~ ~~~'~'~^ '~~;~~ The Planned Unit
Development shall be completed within three (3) years of the date of issuance of
the first Building Permit for the Condominium Tower within the Project. The
Developer shall adhere to the timeframes for commencement of construction of
the utility infrastructure and the Condominium Tower as adopted by separate
resolution of the Village Council If Petitioner ~ ~'~ *~ °~mm°~°° a°~~°'~~m°r*
fails to adhere to the timeframes or complete development as required by this
section or separate resolution, the Planned Unit Development shall remain in its
then present status until such time as the Petitioner secures renewal or amendment
of development, which renewal or amendment shall be in the discretion of the
Village Council. If development of the Planned Unit Development is not
commenced or completed as set forth in Section 10, the fact that the underlying
zoning usage is R-3 Apartment Dwelling District shall not allow or authorize the
developer or its successor to develop the subject real property in accordance with
R-3 uses without prior approval by the Village Council.
Section 3. 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 4. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to
the extent of such conflict. All provisions of Ordinance No. 14-2005, unless expressly modified
herein, shall remain in full force and effect.
Section 5. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 26TH DAY OF OCTOBER, 2006.
PLACED ON SECOND, FINAL READING AND PASSED THIS 9TH DAY OF
NOVEMBER, 2006.
(Village Seal)
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ATTEST: ~ (~/~~~
Village Clerk