5- Prosperity Harbor- Approved Landscaped Entrance•
ORDINANCE NO. 31-96
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, CREATING A PLANNED UNIT
DEVELOPMENT KNOWN AS "PROSPERITY HARBOR NORTH" UPON THOSE
CERTAIN LANDS COMPRISING 35. 72 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 PARCEL OF LAND AS A CONDITION FOR THE 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 North" upon the lands described in Exhibit
"A" attached hereto and made a part hereof, said lands comprising
35.72 acres, more or less, within the Village of North Palm Beach
located East of Prosperity Farms Road, North of Monet Road and West
of Intracoastal Waterway. The underlying zoning of the Planned
Unit Development is R-1, Single Family Dwelling District and 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. "Prosperity Harbor North" 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. All lighting of streets shall be approved by the
Village planning Commission sitting as the Village
Appearance Board with special consideration to low
in height street lighting to comply with the Standards
of the American Traffic Institute.
E. The existing mangroves shall remain except when removal
is necessary to allow for the installation of
improvements. Removal must be approved and permitted
by the appropriate regulatory agencies as required by
Section 19.
F. Prior to the issuance of any building permit for any
structure or building upon the real property described
in Exhibit "A", the Petitioner shall surface the
existing 14 foot wide Canal Drive shell rock road with
1 1/2 inch asphalt wearing surface. The Village
will not be responsible for the.maintenance of the
road.
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 2.06 acres, more or
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~ herewith are hereby repealed.
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Section 22. This Ordinance shall take effect upon required
changes in the Comprehensive Plan of the Village being
accomplished.
PLACED ON FIRST READING THIS -'-'-B_t_h_
PLACED ON PUBLIC HEARING THIS 22nd
PLACED ON SECOND, FINAL READING AND
__ A_U_G_US_T ____ , 1996.
(Village Seal}
DAY OF AUGUST ________ , 1996.
DAY OF __ A_U_Gu_s_T __ __,_ 1996.
PASSED THIS 22 nd DAY OF
MAYOR
ATTEST:
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RESOLUTION NO. 56-98
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF NORTH PALM BEACH, FLORIDA,
APPROVING THE PERIMETER LANDSCAPE PLAN WITH
AUTOMATIC IRRIGATION FOR THE PLANNED UNIT
DEVELOPMENT KNOWN AS PROSPERITY HARBOR NORTH,
WHICH LANDSCAPE PLAN WAS PREPARED BY LAND
DESIGN SOUTH CONSISTING OF ELEVEN (11) SHEETS
AND ATTACHED TO THIS RESOLUTION AS EXHIBIT
"A"; AND, PROVHiING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council of the Village of North Palm
Beach enacted Ordinance No. 31-96 which created a Planned Unit
Development known as "Prosperity Harbor North"; and
WHEREAS, Section 2C of Ordinance Number 31-96 provided that
prior to the issuance of building permits upon subject real
property that a perimeter landscape plan with automatic irrigation
for the project must be filed and approved by the Village Council
by Resolution; and
WHEREAS, the developer has filed a perimeter landscape plan
with automatic irrigation for the project, and the Village Council
is desirous of approving such plan.
BE IT RESOLVED 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 approve the perimeter landscape
plan with automatic irrigation for the Planned Unit Development
known as "Prosperity Harbor North" , which landscape plan was
prepared by Land Design South consisting of eleven (11) sheets and
attached to this Resolution and made part hereof as Exhibit "A".
Section 2. This Resolution shall take effect immediately
upon its adoption.
PASSED AND ADOPTED THIS 10th DAY OF December • 199 8
(Village Seal)
ATTEST:
EXHIBIT "A"
Perimeter Landscape Plan of Prosperity Harbor North
Re: Resolution 56-98
Consisting of eleven sheets prepared by
Land Design South
See original drawings on file in vault