1996-31 Creates Prosperity Harbor North PUDORDINANCE 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 COMPRISING35.72 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 SLIPSAND.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
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 accorddnce 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
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 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 8. 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 and
non-commercial and for the exclusive use of residents of the
Prosperity Harbor North
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-
I
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,
and R-3, Apartment Dwelling District, shall not allow or
authorize the developer or its successor to develop subject real
property in accordance with R-1 and R-3 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
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;
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 Petitionerand/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"
herewith are hereby repealed.
Section 22. This Ordinance shall take effect upon required
changes in the Comprehensive Plan of the Village being
accomplished.
PLACED ON FIRST READING THIS 8th DAY OF AUGUST 1996.
PLACED ON PUBLIC HEARING THIS 22nd DAY OF AUGUST 1996.
PLACED ON SECOND, FINAL READING AND PASSED THIS 22nd DAY OF
AUGUST 1996.
Village Seal) ~ C.~
MAYOR
ATTEST:
w 11-
EXHIBIT "B"
PROSPERITY HARBOR NORTH
PUD ORDINANCE DRAWING LIST
DRAWINGS PREPARED BY LAND DESIGN SOUTH
DRAWING NUMBER DESCRIPTION LATEST DATE
SHEET 1 OF 4 MASTER DEVELOPMENT PLAN 7/31/96
SHEET 2 OF 4 SITE DETAILS 7/24/96
SHEET 3 OF 4 CROSS SECTIONS 7124/96
SHEET 4 OF 4 CROSS SECTIONS 7/24/96