02-09-2017_2nd Reading Ord 2017-04 - Water Club PUD AmendmentVILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Honorable Mayor and Council
FROM: Samia Janjua, Interim Village Manager
DATE: February 9, 2017
SUBJECT: ORDINANCE 2nd Reading — Amendment to Water Club Residential
Planned Unit Development to modify the platting condition
Through the adoption of Ordinance No. 2016 -03, the Village Council approved an amended and
restated Water Club Planned Unit Development ( "PUD ") in two phases for a total of 172
condominium units within three residential towers and an additional 20 townhome units. Section
6(A) of the Ordinance required the Applicant, Domani Development, LLC, to prepare, submit
for approval and record in the public records an amended Plat including the entire Property (as
described in Exhibit A to Ordinance No. 2016 -03) in accordance with all applicable codes and
regulations prior to the issuance of the first building permit for Phase II and to pay the Village a
fee equal to the fair market value of five percent of the Property in accordance with Section 36-
23 of the Village Code of Ordinances.
The Applicant has recorded a boundary plat including the entire Property and paid the required
fee but cannot produce a final amended Plat because all of the easements have not yet been
approved by the various utility providers. Once these easements have been approved and
recorded, they can be depicted on the final amended Plat. In light of the foregoing, the Village
and the Applicant have agreed to amend Section 6(A) of the Ordinance to allow the Applicant to
prepare, submit and record the final plat prior to the issuance of the first certificate of occupancy
for Phase II. This necessitates an amendment to the Ordinance approving the Water Club PUD.
The attached Ordinance has been prepared/reviewed by your Village Attorney for legal sufficiency.
At its January 26, 2017 Regular Session, the Village Council approved the Ordinance on first
reading without modification.
There is no fiscal impact.
Contact person: Denise Malone, Director of Community Development
Recommendation:
Village Administration requests Council consideration and approval of the attached
Ordinance amending the Water Club Residential Planned Unit Development as approved
by Ordinance No. 2016 -03 to modify the platting condition in accordance with Village
policies and procedures.
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ORDINANCE NO. 2017-04
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING THE WATER CLUB
RESIDENTIAL PLANNED UNIT DEVELOPMENT AS APPROVED BY
ORDINANCE NO. 2016 -03 TO MODIFY THE PLATTING CONDITION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance No. 2016 -03, the Village Council approved an
amended and restated Water Club Planned Unit Development (Phase I and Phase II) for a total of
172 condominium units within three residential towers and an additional 20 townhome units for
a total of 192 residential units; and
WHEREAS, Section 6(A) of the Ordinance required the Applicant to prepare, submit for
approval and record in the public records an amended Plat including the entire Property
(as described in Exhibit A to Ordinance No. 2016 -03) in accordance with all applicable codes
and regulations prior to the issuance of the first building permit for Phase II and to pay the
Village a fee equal to the fair market value of five percent of the Property in accordance with
Section 36 -23 of the Village Code of Ordinances; and
WHEREAS, the Applicant has recorded a boundary plat including the entire Property and paid
the required fee but cannot produce a final amended Plat because all of the easements have not
yet been approved by the various utility providers; and
WHEREAS, the Village and the Applicant have agreed to amend Section 6(A) of the Ordinance
to allow the Applicant to prepare, submit and record the final plat prior to the issuance of the first
certificate of occupancy for Phase II; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best
interests of the residents and citizens of the Village of North Palm Beach.
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. 2016 -03 by modifying
Section 6(A) to read as follows (deleted language skiek°„ t1ff , and additional language underlined):
Applicant shall prepare, submit for approval and record in the public records an amended
boundary Plat including the entire Property in aeeor-danee with all ^ pliea le e0des and
regulations prior to the issuance of the first building permit for Phase 2. Prior to Village
approval of the boundary plat, Applicant shall pay to the Village a fee equal to the fair
market value of five percent (5 %) of the property described in Exhibit "A" (Phase 2) in
accordance with Section 36 -23 of the Village Code of Ordinances. Applicant shall
prepare, submit for approval and record in the public records a final plat including the
entire Property in accordance with all applicable codes and regulations prior to the
issuance of the first certificate of occupancy for Phase II.
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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, 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. All remaining provisions of Ordinance No. 2016 -03 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 JANUARY, 2017.
PLACED ON SECOND, FINAL READING AND PASSED THIS DAY OF
, 2017.
(Village Seal)
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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