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CHAPTER.4 Chapter 4 SITE PLAN REVIEW Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Sec. 10. Sec. 11. Sec. 12. Purpose Applicability Preapplication conference Technical review Expiration of site plan Notification Submission requirements Review standards Modification of approved site plan Review of site plans in the CBD central business district, zoning district or the community redevelopment agency area Maintenance Appeals Sec. 1. Purpose. The purpose of this chapter is to provide a procedure to review new developments, redevelopments and modifications to existing developments that require compliance with the development regulations of the City of Boynton Beach and promote development that is desirable, innovative, imaginative and compatible with existing development in the city. Sec. 2. Applicability. A. The following work shall be required to undergo site plan review as required by this chapter: 1. All new developments. 2. All modifications to existing development that expand floor area, require increased parking, intensify the use of a structure, or change the occupancy of a building. 3. Exterior remodeling, alterations, modifications. B. The following work shall not be required to undergo site plan review as required by this chapter: 1997 S-5 1. The construction of a single-family home or a duplex. 2. Interior renovations except projects as specified in Section 2.A. 3. Installation of fire sprinklers. 4. Replacement of existing electrical components. 5. Installation of fire alarms. 6. Voluntary life safety responsive projects when endorsed by the fire marshal, development director and planning director. C. Site plan review may be waived by the planning and zoning director or his designee based upon all of the following: 1. If the remodeling, alteration, modification, development or redevelopment does not change the preexisting configuration of buildings or site or reduce emergency vehicle access; and 2. If there is no change of use which increases the required number of off-street parking spaces; and 3. There is compliance with the development regulations of the City of Boynton Beach. In the event a property owner or his agent disputes the planning and zoning director's determination regarding compliance, the work shall be subject to site plan review. 4. Waivers shall be requested by completion of an application prepared by the planning and zoning department and payment of a fee established and adjusted by the City Commission from time to time. 5. The planning director shall file a quarterly report on waivers with the City Commission. 2 Boynton Beach Code Sec. 3. Preapplication conference. A preapplication conference with the planning and zoning department is encouraged prior to the preparation and submission of any site plan required pursuant to this chapter. The purpose of this conference shall be for the staff and applicant to discuss overall community goals, objectives, policies and codes as related to the proposed development and to discuss site plan review procedures. Opinions expressed at the preapplication conference are not binding for formal review purposes. on which the site plan will be effective with the following information: A. Description ofproposeduse. B. Availability of plans for review of interested citizens within the planning and zoning department. C. Dates and times of the planning and development board and City Commission meetings to review the proposed plan. Sec. 4. Technical review. When site plan review is required by the provisions of this chapter, the review will be conducted as outlined in Chapter 1, Article VIII, Development Reviews. (Ord. No. 96-54, § 1, 1-21-97) Sec. 5. Expiration of site plan. Upon approval of a site plan by the City Commission, the applicant shall have (1) year to secure a building permit from the development department. If an applicant fails to secure a building permit in that time, all previous approvals shall become null and void, and the applicant will be required to submit a new site plan and application; provided, however, a clearing permit shall not constitute a building permit plan for site plan review purposes. At its discretion, the City Commission may extend the approval of a site plan for a one-year period, provided a request for extension is filed prior to the expiration of the one-year period. In granting such extensions the City Commission may impose additional conditions to conform the site plan to current development standards. Sec. 6. Notification. When a site plan has been scheduled for review by the planning and development board, the planning and zoning department shall supply the applicant with a sign or signs to be posted on the subject property Sec. 7. Submission requirements. Each applicant shall submit to the planning and zoning department the following plans and exhibits in the number of copies specified by the planning and zoning department, together with a site plan review application and a fee adopted by resolution by the City Commission. A. Existing site characteristics map: A sealed survey not older than six months showing all adjacent streets, alleys and driveways, and also illustrating: 1. Existing natural features, including but not limited to lakes, trees and other vegetation and soils and topography. 2. Existing buildings, building elevations, other structures, including use, height, dimensions and setbacks. 3. Existing utility lines and all easements. 4. Existing elevations (corder, street and finished floor) B. Site development plan: 1. A scaled drawing clearly illustrating proposed buildings and other structures, and any existing buildings and structures which are to be retained, including use, height, dimensions and setbacks. 2. Proposed off-street parking spaces, driveways and sidewalks, including location, 1997 S-5 Site Plan Review 3 dimensions and setbacks, traffic control marking and signage. 3. Proposed fences and walls, including location, dimensions, setbacks, height and material. 4. Proposed location of lighting on site. 5. Proposed dumpster location. C. Landscape plan: 1. A separate scaled drawing (at the same scale as the site development plan) prepared as required by state law clearly illustrating proposed trees, shrubs, grass and other vegetation, including location, height, size and type of plant by common and botanical name. 2. Proposed berms, watercourses and other topographic features. A notation on method of irrigation. D. Architectural plan: 1. A scaled drawing clearly illustrating proposed building floor plan and elevations, including height, exterior dimensions, exterior color and materials. 2. A colored elevation drawing showing all elevations of the building. (This submittal can be waived by the planning and zoning director when not applicable.) E. Tabular summary containing: 1. Total gross project area by acreage and square footage and net buildable land area in acres and square feet. 2. Total number of proposed residential units, including characteristics by number of bedrooms and bathrooms and gross square footage of each typical unit. 3. Proposed nonresidential floor area by type of use and total gross square footage. 4. Square footage and percentage distribution of the total project site, including areas proposed for landscaped open space, vehicular use areas, other paved areas, and building coverage and total coverage. 5. Number and ratio of required and provided off-street parking spaces and number of loading spaces. 6. Water bodies in acres and square feet. 7. Height of buildings. F. Drainage plan: 1. A separate scaled drawing (at the same scale as the site development plan) showing elevations, flow arrows, proposed drainage structures, proposed treatment facilities, etc. 2. An engineer's certification in writing that drainage will conform with all rules, regulations, codes, etc. including, but not limited to, Chapter 6, 1997 S-5 Article IV, Section 5 of these Land Development Regulations. G. Rider to site plan application. All applications for site plan approval shall be accompanied by a rider to site plan application in the following form: RIDER TO SITE PLAN APPLICATION The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that all plans, specifications, drawings, engineering, and other data submitted with this application for review by the City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantial. The undersigned hereby agrees that all plans, specifications, drawings, engineering and other 4 Boynton Beach Code data which may be approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be constructed in strict compliance with the form in which they are approved, and any change to the same shall be deemed material and shall place the applicant in violation of this application and all approvals and permits which may be granted. The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense, claim, liability or any action which may arise due to their enforcement of the same. READ, ACKNOWLEDGED AND AGREED TO this __day of .,19__. Witness Applicant Witness (Ord. No. 96-54, § 2, 1-21-97) Sec. 8. Review standards. The following standards shall be utilized by the planning and zoning department and all other applicable departments for review and evaluation of all required plans and exhibits. A. Natural environment: All proposed developments shall be designed to preserve, perpetuate and improve the existing natural character of the site. Existing native trees and other landscape features shall, to the maximum extent possible, be preserved in their natural state; and additional landscape features shall be provided to enhance architectural features, to relate structural design to the site, and to conceal unattractive uses. In all instances the city's landscaping and all other applicable regulations shall be fully complied with as minimum standards. B. Open space: Adequate landscaped open space shall be provided which meets the particular needs and demands of the proposed development. The type and distribution of all open space shall be determined by the character, intensity and anticipated residential or user composition of the proposed development. C. Circulation and parking: All circulation systems and parking facilities within a proposed development shall be designed and located in such a manner as to comply with the following: 1. A clearly defined vehicular circulation system shall be provided which allows free movement within the proposed development while discouraging excessive speeds. Vehicular circulation systems shall be separated as much as practicable from pedestrian circulation systems. 2. Access points to peripheral streets shall be provided which adequately serve the proposed development and which are compatible and functional with circulation systems outside the development. 3. Whenever possible in proposed residential developments, living units should be located on residential streets or courts which are designed to discourage non-local through traffic. 4. Off-street parking areas shall be provided which adequately accommodate maximum vehicle storage demands for the proposed development and are located and designed in such a manner so as to serve the uses in the proposed development and not create incompatible visual relationships. 5. Safe and efficient access to all areas of the proposed development shall be provided for emergency and service vehicles. 6. Sidewalks shall be provided as required by the city regulations. 7. Conformance with the city and county thoroughfare plans is required. 1997 S-5 Site Plan Review 5 8. Compliance with the Palm Beach Traffic Performance Ordinance is required. D. Community services: All proposed developments shall be designed and located in such a manner as to ensure the adequate provision of the following community services: 1. Fire protection; 2. Police protection. E. Buildings and other structures: All buildings and structures proposed to be located within a development shall be oriented and designed in such a manner as to enhance, rather than detract from, the overall quality of the site and its immediate environment. The following guidelines shall be followed in the review and evaluation of all buildings and structures: 1. Proposed buildings and structures shall be related harmoniously to the terrain, other buildings and the surrounding neighborhood, and shall not create through their location, style, color or texture incompatible physical or visual relationships. 2. All buildings and structures shall be designed and oriented in a manner ensuring maximum privacy of residential uses and related activities both on the site being developed and adjacent property. 3. All permanent outdoor identification features which are intended to call attention to a proposed development and/or structures shall be designed and located in such a manner as to be an integral part of the development. 4. All buildings and structures shall comply with the community design plan. F. Concurrency and level of service standards: For the purpose of the issuance of development orders and permits, the City of Boynton Beach has adopted level of service standards for public facilities and services which include roads, sanitary sewer, solid waste, drainage, potable water, and parks and recreation. Compliance with levels of service as stated in the Boynton Beach Comprehensive Plan is required. Sec. 9. Modification of approved site plan. A. Minor: A non-impacting modification which will have no adverse effect on the approved site and development plan and no impact upon adjacent and nearby properties, and no adverse aesthetic impact when viewed from a public right-of- way as determined by the planning and zoning director. B. Major: A modification which presents a significant change in intensity of use which, in mm, may have a significant impact upon facilities, concurrency; upon nearby and adjacent properties, or upon findings made at the time of approval of the site and development plan as determined by the planning and zoning director. C. In making a minor/major modification determination, the planning director shall consider the following: 1. Does the modification increase the buildable square footage of the development by more than five (5) percent. 2. Does the modification reduce the provided number of parking space below the required number of parking spaces. 3. Does the modification cause the development to be below the development standards for the zoning district in which it is located or other applicable standards in the Land Development Regulations. 4. Does the modification have an adverse effect on adjacent or nearby property or reduce required physical buffers, such as fences, trees, or hedges. 1997 S-5 6 Boynton Beach Code 5. Does the modification adversely affect the elevation design of the structure or reduce the overall design of the structure below the standards stated in the community design plan. 6. Does the modified development meet the concurrency requirements of the Boynton Beach Comprehensive Plan. 7. Does the modification alter the site layout so that the modified site plan does not resemble the approved site plan. D. When any determination of major/minor modification made by the planning and zoning director is challenged or contested by the applicant, an appeal may be taken as outlined in Chapter 1, Article VII, Section 1. E. Procedure: A site plan modification shall be processed as follows, pursuant to its categorization: 1. Minor: Administrative review and action by the appropriate city departments. 2. Major: Processing is the same as for the original site plan. F. Required information: The following information must be presented with a request for a site plan modification: 1. Minor: A letter which sets forth the requested changes along with an exhibit showing that portion of the site plan which is to be changed in its present condition and an exhibit depicting the requested change. 2. Major: A major modification shall contain the same information as required for a new site plan submittal. G. Upon approval of a major site plan modification by the City Commission, the applicant shall have one (1) year to secure a building permit from the development department. If an applicant fails to secure a building permit in that time, all previous approvals shall become null and void and the applicant will be required to resubmit the plan for site plan review. At its discretion, the City Commission may extend the approval of a major site plan modification for a one-year period. Minor modifications shall not extend the time limits of an approved site plan. H. The planning director shall file a quarterly report on minor site plan modifications with the City Commission. (Ord. No. 96-54, § 3, 1-21-97) Sec. 10. Review of site plans in the CBD central business district, zoning district or the community redevelopment agency area. For areas zoned CBD central business district or within the community redevelopment agency area of jurisdiction, all the sections of this chapter shall apply except that the functions of the planning and development board shall be performed by the 1997 S-5 community redevelopment advisory board (CRAB) and the functions of the City Commission shall be performed by the community redevelopment agency (CRA). Sec. 11. Maintenance. Upon the issuance of a certificate of occupancy an improved site must be maintained in compliance with the approved site plan. Sec. 12. Appeals. When an aggrieved party wishes to appeal an administrative, board or commission decision, it must be filed as outlined in Chapter 1, Article VII, Appeals. (Ord. No. 96-54, § 4, 1-21-97)