1996-26 Creates Prosperity Harbor South PUDProsperity Harbor South aka Harbour Isles
ORDINANCE NO. 26-96
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, CREATING A PLANNED UNIT
DEVELOPMENT KNOWN AS "PROSPERITY HARBOR SOUTH" UPON THOSE
CERTAIN LANDS COMPRISING 75.71 ACRES, MORE OR LESS,
LOCATED. WITHIN THE VILLAGE AND MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED AND MADE A 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 CONVEYANCE OF TITLE TO THE
VILLAGE OF PARCELS OF LAND AS A CONDITION FnR TuF
APPROVAL OF THE SUBDIVISION PLAT; PROVIDING FOR PLAT
APPROVAL; PROVIDING THAT ALL STREETS, WATERWAYS, STREET
LIGHTS, AND OTHER INFRASTRUCTURE IMPROVEMENTS SHALL BE
PRIVATE AND PROVIDING FOR MAINTENANCE OF SAME; PROVIDING
THAT ALL BOAT SLIPS AND DOCKS SHALL BE PRIVATE AND NON-
COMMERCIAL; PROVIDING FOR REVIEW AND APPROVAL OF
HOMEOWNERS' DOCUMENTS, IF ANY, BY THE VILLAGE ATTORNEY;
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 OR RENTAL CENTER BY THE
VILLAGE PLANNING COMMISSION; 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 SEVERABILITY; 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 THE VILLAGE 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 "Prosperity Harbor South" upon the lands described in Exhibit
"A" attached hereto and made a part hereof, said lands comprising
75.71 acres, more or less, within the Village of North Palm Beach
located East of Prosperity Farms Road, South of Monet Road and West
of Intracoastal Waterway. The underlying zoning of the Planned
Unit Development is R-1, Single Family Dwelling District, as
provided by Appendix C-Zoning of the Code of Ordinances of the
Village of North Palm Beach.
Section 2. "Prosperity Harbor South" 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 a part hereof. In addition to the plans and
specifications set forth as Composite Exhibit "B", the following
requirements shall be met:
A. All waterways shown in the attached plans
shall be maintained at the cost and expense of
the Property Owners Association to be formed
by developer or, if none, the fee simple owner
if the Northern Palm Beach County Improvement
District fails to provide maintenance. Such
waterways shall remain open to the boating
public.
B. The Property Owners Association, or if none,
the fee simple owner,.shall maintain at its
expense all landscaping buffers specified on
the plans between the development and adjacent
properties if the Northern Palm Beach County
Improvement District fails to provide
maintenance.
C. 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.
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The areas of the Project that contain
perimeter landscaping shall be deeded to the
Property Owners Association or the Northern
Palm Beach County Improvement District and
such entities shall be charged to irrigate and
maintain such landscaping. If neither the
Northern Palm Beach County Improvement
District or a homeowners association maintains
and irrigates the landscaping, then the fee
simple owner shall be charged to maintain and
irrigate such landscaping.
D. Prosperity Harbor shall be maintained for
conservation purposes including water quality
and mitigation enhancement. No other uses or
development activity shall be permitted
without prior approval of the Village.
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. In lieu of the Petitioner dedicating five (5%)
percent or more of the area of the .lands comprising the Planned
Unit Development for public use, the Petitioner shall convey or
cause the conveyance of the fee simple title to the Village of
North Palm Beach in and to a parcel of land of 2.65 acres, more or
less, adjacent to the Village of North Palm Beach Community Center
and identified by location in the plans attached as Exhibit "B" and
1.14 acres of the North portion of Anchorage Park as designated by
the Village. Conveyance of title shall be by Warranty Deed. The
conveyance of the 2.65 acres, more or less, shall be subject to a
fifteen (15) foot landscape easement along the eastern and southern
boundaries of the 2.65 acres.
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Petitioner shall, at its expense, provide to the Village of
North Palm Beach a survey of the acreage to be dedicated to the
Village. The survey shall be done in accordance with Florida law
and certified by a registered Florida surveyor. If the survey
shows encroachment on real property or easements on lands of
others, or violates any restrictions, the same constitutes a title
defect. Petitioner, at its expense, shall provide a title
insurance policy in the amount of appraised value of the dedicated
land to be issued by a Florida licensed title insurer, showing that
Petitioner is conveying a marketable title to the Village.
Marketable title shall be determined according to applicable title
standards adopted by authority of The Florida Bar and in accordance
with law.
The survey, warranty deed and title insurance policy called
for in L-his Section 3 shall be delivered prior to issuance of the
first building permit or within one (1) year from second reading
and adoption of this Ordinance, whichever first occurs. If
conveyance of land is not delivered to the Village in accordance
with the terms and time frame specified in Section 3, the
Petitioner shall be in default, and the Planned Unit Development
and underlying zoning usage of R-1 Single Family District shall
remain 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.
The conveyance of title to dedicated land as specified in
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Section 3 of this Ordinance shall satisfy the requirements of
Section 36-23 entitled, "Public Sites 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 and Section 36-24 entitled "Access to Water
Bodies". If additional platting or replatting of subject real
property is accomplished after the subdivision plat called for in
this Ordinance, no additional cash contribution or dedication of
land shall be required.
The foregoing conveyance of title to the dedicated land 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 4. All streets, waterways, street lights and other
infrastructure improvements shall be private and shall be
maintained by a Property Owners Association or the fee simple owner
at the sole cost and expense of the Property Owners Association or
the fee simple owner rather than by the Village of North Palm Beach
if same is not maintained by the Northern Palm Beach County
Improvement District. All police and fire vehicles, emergency
vehicles and public works vehicles shall be authorized to utilize
such private roadways.
Section 5. All homeowner documents and restrictions, if any,
shall be furnished by the Petitioner to the Village Attorney for
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review and approval in order to determine compliance with this
Ordinance prior to such documents being recorded in the Public
Records of Palm Beach County, Florida.
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 as a minimum a plat for the
entire project for approval of the Village Council. The approval
of said 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, escrow agreement or
other acceptable surety agreement specified in Section 7 of this
Ordinance is filed with and approved by the Village Manager.
Section 7. 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, escrow agreement or other acceptable surety
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. 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, escrow agreement or other
acceptable surety agreement shall be reduced by a proportionate
amount. Upon completion of all on-site roadway, drainage and
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utility improvements required for the Planned Unit Development, the
Village shall release said performance bond, letter of credit,
escrow agreement or other surety agreement.
Section e. 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, The
Property Owners' Association, if any, or the fee simple owner
rather than by the Village of North Palm Beach if same is not
maintained by the Northern Palm Beach County Improvement District.
Section 9. All boat slips and docks shall be private with
each boat slip and dock to be owned by the respective upland
property owner except for lots designated on Exhibit "B" as lots
owned by the Property Owners' Association. Boat slips and docks
shall never be used for commercial purposes and only for use of
residents of the Prosperity Harbor South Development.
Section 10. 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-1 Single
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Family District shall remain 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 this Section 10, the fact that the
underlying zoning usage is R-1 Single Family Dwelling District
shall not allow or authorize the developer or its successor to
develop subject real property in accordance with R-1 uses without
prior approval by the Village Council.
Section 11. All temporary signage of the Planned Unit
Development and any temporary sales or rental center site must be
approved by the Planning Commission without the necessity of
advertisement or public hearing.
Section 12. Site drainage, determination of wetlands and
mitigation, if same exists, must be approved and permitted by the
appropriate regulatory agencies.
Section 13. Prior to construction, all applicable approvals
and permits shall be secured from all appropriate regulatory
agencies. The drainage plan must comply with all applicable South
Florida Water Management District and Florida Department of
Environmental Protection permit requirements. Copies of all
approvals and permits shall be placed on file with the Village.
Section 14. 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
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• 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;
(2) Change in access to the property;
(3) Any variance to the R-1 Zoning regulations;
(4) Any increase in the height of buildings;
(5) Relocation of parking lots;
(6) Any change in recreational amenities.
Section 15. 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 16. 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 17. Petitioner prior to the issuance of the first
building permit within the Planned Unit Development, shall deliver
to the Village a Unity of Control or title 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 18. Notwithstanding anything contained elsewhere
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• within this Ordinance or the exhibits, the Petitioner under no
circumstances shall have the right to fill or take any other action
that would change, alter or reduce the present width of the North
Palm Beach Waterway or the existing shoreline.
Section 19. Petitioner shall remove all Australian pine trees
and Brazilian Pepper trees from subject real property in phases
approved by the Village. Mangroves and Oaks shall only be removed
when necessary to allow for the installation of all improvements
and after first securing written permission from the Village
Section 20. It is the specific intent of the Village Council
in the enactment of this Planned Unit Development Ordinance that
all applicable environmental permitting agencies including, but not
• limited to, the Florida Department of Environmental Protection, the
U.S. Army Corps of Engineers and the Palm Beach County Department
of Environmental Resources rigorously enforce all environmental
laws and regulations that are in force and that such agencies
consult with the Village Council and keep the Council fully
apprised as to the status of each and every application by
Petitioner before such permitting agency. The Village is
particularly concerned with existing shoreline and upland
vegetation/wildlife communities and the potential
degradation/depletion of potable and irrigation quality
groundwater.
Section 21. If any section, paragraph, sentence, clause,
• phrase or word of this Ordinance is for any reason held by a Court
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• to be unconstitutional, inoperative or void, such holding shall not
affect the remainder of this Ordinance.
Section 22. All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed.
Section 23. This Ordinance shall take effect upon required
changes in the Comprehensive Plan of the Village being
accomplished.
PLACED ON FIRST READING THIS 27th DAY OF June
1996.
PLACED ON PUBLIC HEARING THIS 11th DAY OF JUIy 1996.
PLACED ON SECOND, FINAL READING AND PASSED THIS 25th DAY OF
July 1996.
•
(Village Seal) //(/I /~!s~~~~ /j~.~
MAYOR
ATTEST:
VILLAGE CLERK
u
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EXHIBIT "A"
PARCEL "R"
A parcel o/ land lying in Secfimr 8, Township 42 South. /7mrge 4J fost, Pa/rn Beach County,
/lnnJn, nnJ being nroro particulnr/y doscr/bed as /alto ws:
All Ihn( parr n/ the Northeast Ouar(er lNE 7/4l v/ snit Secliorr 8 /yin Westerly o/ Ihr Wesr try/rr
n/ waX line o/ the /n uecoas ra/ Waterway, ns shown nn P/nf Rook 77, Pnye !O,
line l.r /cef Wes mrly n/, as mensurnd of right ony/rs lo, the center/inc a/ thr Nr~rt~ E~L nt (lcav/ :r
i Wnlrrway, as soil /inn is rlescnboJ in 0//icinl Rrcurr! Ronk 222, Pnoe 34ft and /ynru Ens mdy u/
the L;rs brdV rn,,//hl n! wn y lion o/ Prnsprr4 y Gmnrs Road as shown in RnnJ Plnf Unnk ?, I'oge.c 1?(~
'.urr1 IJ7; LESS' ANU EXCEPTING II{E/7E/ROM Urc Nordr Orre Ull:rrt('I (N 1/•!1 ul fhr Nnr lhr:rsr
Ouartrr !NE J/41 0/said Sncrinrr !ying Westerly n/ tha lnuacoas Wl Wnlar waY. A(SO LESS ANU
LXCEP7/NG 7//FREEROM Urr E:rsf 7/rrrc~0unrtrrs (E 3/41 nl 1/re Smn/r boll /S 7/7l u/ Ure
North H~esr Ouarfcr (NW !/41 u/ llro Nmfheasf Of/nr(Cr (NE 7:J1. ANU ALSD (FSS nN(J
XCE!'IING 1HEHEEROM Ural ccrlai/r poreel n/ /anJ conveyed fu the Vi//age ul Nwrh !'alm Ucmm
as desc/drrJ in 0l/icial Record /look 3442, (.'rge 7437.
l0(iF7/!L/t W/7/I (nfs 7, 2, 3, ~l nrrrl (i, Rlnck 54, Vi/lnyc u/ No NA /;r/nr Rcac/r /'l,rf Nu. Y.
.r.xunbnq frr dm plat Ihnren/.:rs rrcunlcJ in P/af (look 1C, Pngns lU 1/rrnug/r !J. u/ (LC !'uLLr
/7ncun/.c nI /'o/m Oeaclr Count Y. L/oridn:
LOGE 7l IL{t Wl7N fho Nmlh l 12.5 /eat v/ Ilre Soulhr!nsl Orinr ter (SE Ii41 u/.wrd Sec nun R lynru
Wes tarty n/ Ihn North Pabn Brach Wnlm wny, :rs Jrsr:nhrd in 0//icr.J Recant (JuoA 127. /'aur .>~1;7
:rod C.,srody v/ the Easf right u/ iy line o/. Piusperity Fornrs Roer.
fOGE 1/lfR LVI7/l i
7 12.5 /net .Srru(hm
rlrs tancc o/ 505 /a
Soutlrenst Ouartcr
.J Lut 5 !)Irrrk !i J,
•rcrrded m !'/af On
Va. (. d distmrcr u/
Wn trrnva V, as s/rmv
'ur yr concm•r fo th
+/ /nfs l.r ro 24, in.
Vnrthrr/y nlon the
n Urc Point o/ Beair
Hlowiny desuibed Par
'the NuNlr line o/ Ura .
sfedy /root, nrensurad
1/41 u/ said Section 8;
uJ c of North Pnlnr Deny
G, Paycs /O through. I
Easlcr/y a/ong said pl
! /nr./uded in 7/re Plnf'
7.U4 loot ton/loin( in
n snid plat; !hence So,
asl and An vi/rq a rodm
' !5, Olork 53, as abv
give, of said Black LJ
f line o/ Lots 1 fo 5, L
nt a /loin! !n a lino parallel (o arrJ
rtrr ISE !/41 a/ said Soction 8, of :r
allel line, the Wes( line o1 the
7eginniny being the Northeast comer
nr.cording to the plot fhcreo% as
/ the Public RecorJs v/ Pnlm Bench
the North line v/ o parcel marked
n/ Village o/ North Pnbrr Beech Flat
•ir~lr! v/ wayy lino o/ Norllr Palrn /7rac/r
nrJ Wes lnr/y right nl wnY line, briny o
/cef, a dis fnnco o/ 527.98 /eel to the
C (henco Westerly aloe9y (lre Nash line
st Co!/)Or P/ LOf I, B/arA 54, (llOnt'O
{ Block 54, n distance o/ 514.12 /eel
70GETIIfR W/71{ a parcel a/ land situate in Section 8, Township 42 Souf/r, Rango 43 East, Palm
9cach Coon ry, F/ofide, being more particular/y described es /allows"
Canrrnrncinp at Urc Northwest comer o/ the NorOreas! one~qquarfer (Nf i/41 0/said Section 8.
drnnrr. Suufh 02°OG'10" Wesf, nlong fho Wnsf line o/sold Nurlheast one~quarfer !Nf 1/41, a
Irstunce o/ CR7.20 /ref fu fhr. Norllr line ul !ho South vne~hnl/ lS I/?! v/ !hc Northwest
our yuartcr !NW J/4/ a/snit Norlhens! omr~quarlcr lNE I/4/; (/rarn;o Souflr. 88°2;1'57" 6'rsf,
finny Bald North lino, a dis (once ul !074.'70 leaf to (/re Point u/ Beyrmriny.
boor Urc Point o{ Qeginnfng !!more South 88°29'53" fast, along said North fine o/ (he Soullr
nnrhnl/ !S 1/?1 0/ the Northwest one quarter lNW I/41 0l said Northeast one•quarter INE 1/41, n
4rslancc u/ 267.99 leaf to !ho Easf line of Ura Northwest one~qunrler lNW 7/41 n/said Nor(hcnsr
ono-qua/tar !Nf 7/41; thence SouBr 02°!7'52" Wosl, alongg Bald Easl line, a distnnce o1668.?9
ban m rbc Smrlh line v/ fho Northwest one~quartcr (NW !/4l o{ said Nurthensf ono- puartcr INE
r..ll: rhenrr NorlA 88°25'21 " WosL along snit Suullr line, a dislonco u/ 287.98 /eel; !hence
Vorth 01"I J'S?" Ees f, depmling sold Suulh lino, n dis lance o{ 550. G4 /re! to fho Point o/
!)cyinruny.
LESS ANO EXCEP7/NG THEREFROM n pmcel o/ /ond silue (e in Section 8, Tuwnslrip 4? Sou Ur,
/7;uryr .JJ Cost, Pabn Beeclr County, FluriJa, Laing more particularly described as /o/lows:
Cununnncing nr the Nort/r west corner o/ fhr Nurlheast one~ppnnrfer lNE I/4I o/said Section 8,
nuance Snurh 02 °O5'R)" Wesl, along Iha Wrs! lira n/snid Norfhras( unrovarter (Nf 1/41, a
hcl:vu.c u/ fit 7 201eer to fhn Norllr line of the South one-boll /S l/21 0l !hc Northwest
d,rngranrl N(n f~l nn/ n dis llrr ~ero/r)OG 00 /crf !o n {~o ~nt an (het En slr.~l y rriyl~ ol9woy"l~ a of
/'r n,vpenry /nrrus Rood, being n line !05.00 /ecf East a{ onJ parallel wit/r the a/urrsaiJ Wesf bnc
n/ Ihr. Northeast nno-quarler lNf l/41 0/snid Section 8, said point nlso being the Pvin! nl
lJeginnury,
frorrr fhr Pnin! u/ Qoginningg, !hence South 88"29'57" Easf, continue nlang snid Nvrlh line a/ the ,
:urnA mro-/ral/ (S 1/21 n/ (/re Nonhwasl one~yunrlrtr /NW !/4l vl sail Northeast onr qunrtrr !NE
l'~ll, o Jac Croce u11J0. 73 /oat; Uronce South U2"09'05' West, drpN~iny sarrf Nm Ur line, a
l~. ovrcc u/ f,G7.55 /nrf to the South lira of the Northwest one~qunrler (NW J/.ll u/sail Nur rhr•OSr
r,•r Ilrlvvu,rlNEu fh B2f'rJ7 ~521ilNrs t,7 drpar! rg sni<I•Sourli /n m~l n distlnnce n/ 20.t00r/rer, d~ n~c
Vnnh 77/J"2577' Wcc 1, ~r Jis (unto n/ 987 511 /rat In fhr n/oresniJ Ens trrly right u/ waV line u/
Pn npenry• !;u/rrs RnaJ; rhenro North 02 ^OG'7(1" Past, along said Easfe/ly right u/ way lrnc, v
firs ranee u/ hRl.J4 /eol fu !ho Point v/Ocyinniny.
r
EXHIBIT "B"
PROSPERITY HARBOR SOUTH
PUD ORDINANCE DRAWING LIST
DRAWINGS PREPARED BY LAND DESIGN SOUTH
DRAWING NUMBER DESCRIPTION LATEST DATE
SHEET 1 OF 8 MASTER DEVELOPMENT PLAN 7/11/96
SHEET 2 OF 8 TREE SURVEY 7/11/96
SHEET 3 OF 8 SITE DETAILS 7/11/96
SHEET 4 OF 8 SITE DETAILS 7/11/86
SHEET 5 OF 8 CROSS SECTIONS 7/11/96
SHEET 6 OF 6 CROSS SECTIONS 7/11/96
SHEET 7 OF 8 CROSS SECTIONS 7/11/96
SHEET 8 OF 8 CROSS SECTIONS 7/11/96
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