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1991-12 Creates PUD Sanctuary Cove' ORDINANCE N0. 12-91 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "SANCTUARY COVE" UPON THOSE CERTAIN LANDS COMPRISING 15.30 ACRES LOCATED WITHIN THE VILLAGE AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF; SAID LANDS TO BE DEVELOPED IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS AS SET FORTH IN THE INDEX ATTACHED HERETO AS COMPOSITE EXHIBIT "B" AND WHICH PLANS AND SPECIFICATIONS ARE EXPRESSLY MADE A PART HEREOF; PROVIDING FOR A PERIMETER LANDSCAPE PLAN WITH AUTOMATIC IRRIGATION; PROVIDING FOR A CASH CONTRIBUTION AS A CONDITION FOR THE APPROVAL OF THE BOUNDARY PLAT; PROVIDING FOR PLAT APPROVAL; PROVIDING THAT ALL ROADWAYS WITHIN THE PLANNED UNIT DEVELOPMENT SHALL BE PRIVATE; SETTING FORTH REQUIREMENTS TO BE MET BY THE PETITIONER PRIOR TO ISSUANCE OF THE INITIAL BUILDING PERMIT; PROVIDING FOR TIME OF COMMENCEMENT AND TIME OF COMPLETION FOR THE PLANNED UNIT DEVELOPMENT; PROVIDING FOR APPROVAL OF SIGNAGE AND TEMPORARY SALES CENTER BY THE VILLAGE COUNCIL; ' PROVIDING FOR DETERMINATION OF WETLANDS AND FOR APPROVALS AND PERMITS NECESSARY FROM REGULATORY AGENCIES; PROVIDING PROCEDURE FOR MODIFICATIONS TO THE PLANNED UNIT DEVELOPMENT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby create a Planned Unit Development known as "SANCTUARY COVE" upon the land described in Exhibit "A" attached hereto and made a part hereof, said lands comprising a 15.30 acYe tract in the Village of North Palm Beach located north of Garden Lane and East of Prosperity ' Farms Road. The underlying zoning of the Planned Unit Development is R-3 Apartment Dwelling District as provided by Appendix C- Zoning of the Code of Ordinances of the Village of North Palm Beach. ' Section 2. "SANCTUARY COVE" Planned Unit Development shall be developed in accordance with the plans and specifications as set forth in the Index attached hereto as Composite Exhibit "B" and expressly made apart hereof. In addition to the plans and specifica- tions set forth as Composite Exhibit "B", each dwelling unit shall be equipped with a residential fire sprinkler system complying with the requirements of NFPA 13-R. In the event there is any conflict between the terms of this. Ordinance and any Exhibits attached hereto, the terms of this Ordinance shall prevail. Section 3. Prior to the issuance of a Building Permit for any structure or building upon the real property described in Exhibit "A", the Petitioner shall file a perimeter landscape Plan with automatic ' irrigation for the Project for approval of the Village Council. The approval of the landscape plan shall be by subsequent resolution of the Village Council. The areas of the Project that contain perimeter landscaping shall be deeded to the Property Owners' Association and such Association shall be charged to irrigate and maintain such landscaping. Section 4. In lieu of the Petitioner dedicating five (57) percent or more of the area of the lands comprising the Planned Unit Development for public use, the Petitioner shall pay to the Village of North Palm Beach, a cash contribution of $150,000.00. The cash contribution shall be paid upon issuance of the first building permit or three (3) years from the effective date hereof, whichever first occurs. The payment of the cash contribution specified in Section 4 of ' this Ordinance shall satisfy the requirements of Section 36-23 entitled "Public Site and Open Spaces of the Code of Ordinances", which requires dedication of land for public use or a cash contribution as a condition for the approval of a preliminary plat. -2- ' If additional platting or replatting of subject real property is accomplished after the boundary plat called for in this Ordinance, no additional cash contribution or dedication of land shall be required. The foregoing cash contribution shall satisfy all impact fees to the Village; however, in addition thereto, the Petitioner shall pay to the County of Palm Beach all impact fees in accordance with the requirements of the Palm Beach County Code. Section 5. Prior to the issuance of a Building Permit for any structure or building upon the real property described in Exhibit "A", the Petitioner shall provide as a minimum a prelim- inary boundary plat for the entire project for approval of the ' Village Council. The approval of said boundary plat shall be by a subsequent Resolution of the Village Council. The executed mylar of the plat shall not be delivered for recording until the bond, letter of credit or escrow agreement specified in Section 6 of this Ordinance is filed with and approved by the Village Manager. Section 6. Prior to the issuance of a Building Permit for any structure or building upon the real property described in Exhibit "A", the Petitioner shall provide the Village with a performance bond, letter of credit or escrow agreement in a form approved by the Village in a sum of money prescribed by the Village and shall be posted with the Village of North Palm Beach ' to assure the completion of on-site roadways, drainage and utility improvements required for the Planned Unit Development. -3- ' From time to time as improvements are completed and approved by the Village of North Palm Beach, the amount of the performance bond, letter of credit or escrow agreement shall be reduced by a proportionate amount. Upon completion of all on-site roadway, drainage and utility improvements required for the Planned Unit Development, the Village shall release said performance bond, letter of credit or escrow agreement. Section 7. The roadways shown in the plans and specifications as set forth in the Index attached hereto as Composite Exhibit "B" shall be for private rather than public use with the roadways to be maintained at the sole cost and expense of the Petitioner or the Property Owner's Association ' rather than by the Village of North Palm Beach. All police and fire vehicles, emergency vehicles and public works vehicles shall be authorized to utilize such private roadways. Section 8. The development of the Planned Unit Development shall be commenced within three ( 3 ) years from the effective date hereof; provided, however, Petitioner may obtain an extension of one (1) additional year to commence for good cause shown by approval by subsequent Resolution without necessity of advertisement or public hearing. The Planned Unit Development shall be completed within ten (10 ) years. If Petitioner fails to commence development or complete development as required, the Planned Unit Development and underlying zoning usage of R-3 Apartment Dwelling District shall remain until such time as the Petitioner secures renewal or amendment of development, which -4- ' 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 this Section 8, 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 subject real property in accordance with R-3 uses withour prior approval by-the Village Council. Section 9. All signage for the Planned Unit Development and any temporary sales center site must be approved by subsequent Resolution of the Village Council .without the necessity of review by the Planning Commission, advertisement or public hearing. ' Section 10. Site Drainage, determination of wetlands, and mitigation if same exists, must be approved and permitted by the appropriate regulatory agencies. Section 11. Prior to construction, all applicable approvals and permits shall be secured from all appropriate regulatory agencies. The drainage plan must comply with South Florida Water Management District permit requirements. Copies of all approvals and permits shall be placed on file with the Village. Section 12. Modifications to the Planned Unit Development that are determined to be minor by the Village Council may be approved by subsequent Resolutions without the necessity of review by the Planning Commission, advertisement or public ' hearing. Modifications that shall not be considered minor include, but shall not be limited to, the following: (1) Any increase in the number of units; -5- ' (2) Any increase in the height of buildings; (3) Change in access to the property; (4) Relocation of parking lots; (5) Any change in recreational amenities. Section 13. All references to Petitioner and/or Developer, together with all requirements of this Ordinance shall apply to and be binding upon the successors and assigns. Section 14. No Building Permit for the Planned Unit Development shall be issued until the drainage and paving plans shall be approved by the Village Engineer and all other building requirements of the Village of North Palm Beach Code and requirements of other governmental agencies, if necessary, shall be met. ' Section 15. Petitioner, prior to the issuance of the first Building Permit within the Planned Unit Development, shall deliver to the Village a Unity of Control in requisite form to be approved by the Village Attorney, requiring the lands described in Exhibit "A" to be developed in accordance with the Exhibit "B" plan. Section 16. If any part or portion of this Ordinance is found to be void or defective, the remainder of the Ordinance shall continue in full force and effect. Section 17. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 18. This Ordinance shall take effect upon required ' changes in the Comprehensive Plan of the Village being accomplished. -6- ' PLACED ON FIRST READING THIS 14th DAY OF February , 1991. PLACED ON PUBLIC HEARING THIS 28th DAY OF March , 1991. PLACED ON SECOND, FINAL READING AND PASSED THIS 28th DAY OF March 1991. 1 -7- ' (Village Seal) ATTEST: 1 EXHIBIT "A" LEGAL DESCRIPTION: A PARCEL OF LAND SITUATE IN SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE-QUARTER (NE1/4) OF SAID SECTION 8; THENCE 502°06'10"W. ALONG THE WEST LINE OF SAID NORTHEAST ONE-QUARTER (NE1/4), A DISTANCE OF 667.20 FEET TO THE NORTH LINE OF THE SOUTH ONE-HALF (S1/2) OF THE NORTHWEST ONE-QUARTER (NW1/4) OF SAID NORTHEAST ONE-QUARTER (NE1/4); THENCE S88°29'53"E, ALONG SAID NORTH LINE, A DISTANCE OF 105.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD, BEING A LINE 105.00 FEET EAST OF AND PARALLEL WITH THE AFORESAID WEST LINE OF THE NORTHEAST ONE-QUARTER (NE1/4) OF SAID SECTION 8, SAID POINT ALSO BEING THE POINT OF BEGINNING. FROM THE POINT OF BEGINNING, THENCE 588°29'53"E, CONTINUE ALONG SAID NORTH LINE OF THE SOUTH ONE-HALF (S1/2) OF THE NORTHWEST ONE-QUARTER ' (NW1/4) OF SAID NORTHEAST ONE-QUARTER (NE1/4), A DISTANCE OF 969.93 FEET; THENCE S0~°17'52"W, DEPARTING SAID NORTH LINE, A DISTANCE OF 668.64 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER (NW1/4) OF SAID NORTHEAST ONE-QUARTER (NE1/4); THENCE SO2°17'52"W, A DISTANCE OF 20.00 FEET; THENCE S88°25'21"E, A DISTANCE OF 967.58 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD; THENCE NO2°06'10"E, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 687.34 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS AN AREA OF 15.30 ACRES, MORE OR LESS. 1 i~ 1 EXHIBIT "B" 1. Site Plan entitled "Sanctuary Cove PUD" drawn by Kilday & Associates, Landscape Architects/Planners, dated September 27, 1990, and consisting of one (1) page.