2005-14 PUD Domani ProjectORDINANCE 14-2005
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS THE
"DOMANI PROJECT" UPON THOSE CERTAIN LANDS COMPRISING 7.004 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 A CASH CONTRIBUTION 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 SHALL BE MAINTAINED BY THE
CONDOMINIUM ASSOCIATION OR THE FEE SIMPLE OWNERS; PROVIDING THAT
ALL BOAT SLIPS, DOCKS, AND PIERS SHALL BE PRIVATE AND NON-COMMERCIAL;
PROVIDING FOR REVIEW AND APPROVAL OF CONDOMINIUM DOCUMENTS, 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 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 FORTHE 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 ofthe Village ofNorth Palm Beach, Florida, does hereby create a
Planned Unit Development known as the "Domani Project" (Project) upon the lands described in
Exhibit "A" attached hereto and made a part hereof, said lands comprising 7.004 acres, more or less,
within the Village of North Palm Beach located on the east side of U. S. Highway No. 1, south of
PGA Boulevard and adjacent to the Passionist Monastery. 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. The Project 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. Utilities shall be provided to the Accessory Residential Dock facility including water,
sewer and electric. A sewage pump out connection must be accessible to each dock
slip proposed.
B. The Accessory Residential Boat Slips, Docks, and Piers will be deeded to unit owners
only, no third party sales can occur. The docks will extend into Lake Worth a
maximum of 258' as depicted on the site plan.
C. No fueling shall be permissible at the Accessory Residential Docks.
D. All accessory residential boat slips, docks, and piers shall be private and
non-commercial and for the exclusive use of residents of the Project. Live-a-boards
shall be prohibited.
E. The Old Port Cove Homeowner's Association shall be notified at the time application
is made for the Accessory Residential Docks and Piers to the appropriate
jurisdictional agencies.
F. Guests suites are for sale to the unit owners only.
G. The Petitioner shall be entitled to the Planned Unit Development waivers set forth in
Section 3.
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. The following constitute the waivers to the Planned Unit Development:
ITEM SECTION REQUIRED PROPOSED
Minimum building side 45-36 (m) 90' 90' Tower, 9.17' balcony overhang into 90'
setback (Tower) 45-30 D.3 setback & 30.85 terrace encroachment at
lobby level into 90' setback
Building height 45-36 (m) 220' 227' for and area(s) not to exceed 1,200
(2) s.f. used as additional ceiling height for the
• penthouse unit below. This area is to be
located within the mechanical and cooling
u
tower areas and shall not be visible from
exterior of the building.
Site wall
Guard house
45-30 D.1 100' setback 11.83'
from US 1 0.50' service yard
45-36 (m)
45-30 D.4
(a)
Entry pavilion (North) 45-30 D.1
Entry Pavilion (South)
45-30 D.1
Accessory 5-85 (3)
Residential docks and
piers
100' setback 75.93'
from US 1
100' setback 86.41'
from US 1
100' setback 46.93'
from US 1
Less than 50' Greater than 50' (258')
extension
waterward
Batter pile seawall 5-83 K.4.c Not allowed Required for new wall
Section 4. 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 pursuant to Section 36-23 of the Village
Subdivision Regulations the Petitioner shall pay to the Village a cash contribution of $1,175.000.00,
twenty-five percent (25%) of such payment in the amount of $293,750.00 to be paid at the date of
issuance of the first building permit for the first residential dwelling structure within the Project,
twenty-five percent (25%) of such payment in the amount of $293,750.00 to be paid within sixty (60)
days of the date of the rooftop slab pour inspection certification by the Project's Threshold Inspector
or fifteen (15) months from the date ofthe first twenty-five percent (25%) payment referenced above,
whichever date shall first occur, and the remaining unpaid amount of $587, 500.00 to be paid upon the
date of issuance of the first condominium residential unit certificate of occupancy.
The foregoing payment of cash contribution shall satisfy all impact fees of the Project 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 Unified Land Development Code.
If Petitioner fails to pay the cash contribution as set forth herein, Petitioner shall be in default and the
Planned Unit Development, shall remain in its then present status until such time as the Petitioner
secures renewal or amendment of its development order, which renewal or amendment shall be in the
discretion of the Village Council.
• Section 5. All streets, waterways, bulkheads, street lights and other infrastructure improvements
shall be private and shall be maintained by a Condominium Association or the fee simple owners at
the sole cost and expense of the Petitioners or the Condominium Association or the fee simple owners
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 6 . All Condominium documents and restrictions, if any, shall be furnished by the
Petitioner to the Village Attorney for review and approval prior to such documents being recorded in
the Public Records of Palm Beach County, Florida.
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 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 8. 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 may be reduced by a proportionate amount as
determined by the Village Engineer. Upon completion of all on-site roadways, drainage and utility
improvements required for the Planned Unit Development and approval of the Village, the Village
shall release said performance bond, letter of credit, escrow agreement or other surety agreement.
• Section 9. The Project's 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 Condominium
• Association, or the fee simple owners rather than by the Village of North Palm Beach.
Section 10. The development of the Planned Unit Development shall be commenced within twelve
(1 Z) months from the effective date hereof; provided, however, Petitioner shall have the right to
obtain an extension of up to six (6) months to commence construction for good cause shown by
approval by a subsequent Resolution of the Village Council without the necessity of review by the
Planning Commission, advertisement or public hearing_ The Planned Unit Development shall be
completed within three (3) years of the date of issuance of the Building Permit for the Condominium
Tower within the Project. If Petitioner fails to commence development or complete development as
required, the Planned Unit Development shall remain in its then present status 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-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 without prior approval by the Village
Council.
Section 11. All temporary signage of the Planned Unit Development 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. Prior to construction of the
Accessory Residential Dock facility, if not included with the residential condominium unit
construction above, all applicable approvals and permits shall be secured from all appropriate
regulatory agencies having jurisdiction for the Accessory Residential Dock facility.
Sectionl3. Prior to construction of the residential condominium units portion of the Project, 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 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 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-3 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 ofthe Village Code and requirements of other governmental agencies, ifnecessary, shall
be met.
Section 17. Prior to the issuance of the first building permit within the Planned Unit Development,
Petitioner 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 18. Notwithstanding anything contained elsewhere 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 adjacent waterway.
Section 19. 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 Management 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 20. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any
reason held by a Court to be unconstitutional, inoperative or void, such holding shall not affect the
remainder of this Ordinance.
Section 21. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
Section 22. This Ordinance shall take effect immediately upon passage.
PLACED ON FIRST READING THIS 23rd DAY OF JUNE, 2005.
PLACED ON PUBLIC HEARING THIS 14th DAY OF JULY, 2005.
PLACED ON SECOND, FINAL READING AND PASSED THIS 14th DAY OF JULY, 2005.
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EXHIBIT "A"
LEGAL DESCRIP'T10N
A PARCEL G6~ LAND PARCEL ~ LAND f!V GOVERNMENT LOT ~
SECAOII! ~ 1ta~lVSHIP 4~ SY.AtlT15/, RANG 4~ EAST, PALM BEACH
CQbLlNTY, FLG~YD,4, BE7'NG BOUNDED AS f~L0~4t'~
OVI! THE NOlRTTf BY A LINE 42~tS.3 FFET NORTTf OF, MEASURL~D AT
14fIG~lT ANGYf~ T?7 Tf1E 5~01lTN LINE OF LOT ~6 AND THE EA,STERL Y
PR01~09NG'A AG~11 TT~ERE~ A~NG TO THE PLAT C~ SUBl11NS~GIN
06F (~OVER9IVMENT LOT $ .SEC1TaNf 4, TTIN~V,S~IIP 42 50~tlTH, RANf~E ~
EAST, AS RECORDED IN PLAT B+OOV~ !~ PAGE ~, PUBLfC RECG~RD~S C!F
PALM 64EACH COUNTY, FLOIRr+DA; OlM! THE EAST BY TfIE J~YATT}4S 04~
CAKE id~RTh; OVY 1JYE ~CI77y BY THE SOUTT~ LAVE G~' LOT i6 AND
THE EA.SlERL Y PRG1LOb+VGA 11G~+V TNFRE~ AGICQR1Q1lNG Ta SAID PLAT 06F
SYl6Df1rT.~ON L~ GOVERNMENT LOT ~ AND ONV THE ~€ST BY T7VE
FASTFRL Y RlGY~-T-C~ i~'A Y LINE !aF STA TF ROAD NQ 5 (U..Sr JyIQHWi4 Y
NQ i) ACG~Oh~4DlNG T?? 7HF PL.4 T 7NERFaF RECORiDED !N Rl~r4D PLA T
SOUK ~ PACES ![a5 T~7 iJ~ fNCLEJSYV~ PU9LlC RECG~!],S ~ PALM
DEAGY~ GOUIVTY, FL06~fDA.
SAfD LANDS .S~TiJA TE fN THE VrLLAGE ~ NGXRT7tf PALM BEAGn-, PALM
~EAG~I COYJIVT}; FLf~IRlDA AND GY~VVTA/1V 7004 ALES (.30.'SyOTB
5'Q6iJARE FEET} A~t~RE G!F L~.S.S
EXHIBIT "B"
• The following constitute the plans and specifications for the Planned Unit
Development known as the "Domani Project." The plans are dated June 30, 2005, and
consist of the following:
Cover Sheet (Drawing Index)
S-1 Sketch of Survey (Boundary, Location & Topography)
S-2 Sketch of Survey (Boundary, Location & Topography)
C-3 Site Plan
C-4 Preliminary Engineering Plan
Tower Architecture:
A0.00 Cover Sheet
A1.02 Garage & Ground Level Plan
A1.03 Site Plan
A2.01 Garage & Ground Level Floor Plan
A2.02 Entry Road, Motor Court & Lobby Level Floor Plan
A2.04 Tower 2"d Floor
A2.05 Tower 3`d thru 5th Floor Plans
A2.06 6th Floor Plan
A2.07 Tower 7th thru 15th Floor Plans
A2.08 16th Floor Plan
A2.09 17th Floor Plan
A2.10 18th Floor Plan
A2.11 Penthouse Level Plan
A2.12 Tower Lower Roof Plan and Mechanical Level Plan
A2.13 Tower Upper Roof Floor Plan
A3.01 West Elevation
A3.02 East Elevation
• A3.03 North Elevation
A3.04 South Elevation
A3.21 Building Section A
A10.01 Guard House Floor Plan & elevations
• A10.05 Tennis Pavilion Details
A10.07 Entry Pavilion & Stair 6 Details
A-1 Elevation Color Legend
A-2 Elevation Color Legend
Townhouse
Architecture:
A-3 First Floor Plan ("Model A" & "Model B")
A-4 Second Floor Plan ("Model A" & "Model B")
A-5 Elevations/Front & Rear ("Model A" & "Model B")
A-6 Elevations/Left Side & Right Side ("Model A" & "Model B")
A-3 First Floor Plan ("Model C")
A-4 Second Floor Plan("Model C")
A-5 Elevations/Front & Right ("Model C")
A-6 Elevations/Rear & Left ("Model C")
A-3 First Floor Plan ("Model D")
A-4 Second Floor Plan("Model D")
A-5 Elevations/Front & Rear ("Model D")
A-6 Elevations/Right & Left("Model D")
Landscape
Architecture:
LP-1 Key Plan
LP-2 Landscape Plan
LP-3 Landscape Plan
LP-4 Landscape Plan
LP-5 Landscape Plan
LP-6 Villa Landscape Plan
• LP-7 Villa Landscape Plan
LP-8 Villa Landscape Plan
LP-9 Plant List/Details