O00-52ORDINANCE NO. O 00-52
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER
2, OF THE LAND DEVELOPMENT REGULATIONS, SECTION
7, PLANNED INDUSTRIAL DEVELOPMENT DISTRICTS; TO
ALLOW MIXED USE PODS OF COMMERCIAL, RETAIL,
MULTI-FAMILY RESIDENTIAL AND OFFICE/PROFESSIONAL
USE IN PLANNED INDUSTRIAL DEVELOPMENT DISTRICTS;
PROVIDING FOR DESIGN GUIDELINES; PROVIDING
SUBMISSION REQUIREMENTS; PROVIDING PROCEDURES
FOR REVIEW; PROVIDING FOR PROCEDURES FOR
WAIVERS OF STANDARD ZONING; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission finds it is in the best interest of the City, the
development community, and the public to modify the current provisions of the
Land Development Regulations concerning Planned Industrial Development
Districts, to provide guidelines for residential components, to facilitate review,
and to provide a means of review by the City Commission.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Chapter 2, Section 7, Planned Industrial Development Districts
is hereby amended by adding the words and figures in underlined type, and
by deleting the words and figures in struck-through type.
Section A is amended to read:
A. INTENT AND PURPOSE. A planned industrial development district (PID)
is established. The purpose of this district is to provide a zoning classification
for light industrial development that will better satisfy current demands for
light industrial zoned lands by encouraging development which will reflect
changes in the technology of land development and relate the
development of land to the specific site and to conserve natural amenities.
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Regulations for the PID are intended to accomplish a more desirable
environment for industrial development in relation to existing and/or future
city development, permit economies in providing public services, allow for
economies of scale in industrial development, and to promote the public
health, safety, convenience, welfare and good government of the City'of
Boynton Beach. PID districts may contain Mixed Use Pods with retail,
commercial, office, and residential components, subject to the desiqn and
approval criteria hereinafter set forth.
A new subsection P is created to read:
P. MIXED USE PODS WITHIN APPROVED PLANNED INDUSTRIAL DISTRICTS.
The following criteria shall apply to Mixed Use Pods proposed for
development within an approved PID:
1. Mixed Use Pod Components and Definition
A. For the purpose of this subsection, a Mixed Use Pod is
defined as a development project located entirely within a previously
approved PID which, when complete, will have all of the followinq uses:
1 ) multi-family residential,
2) commercial/retail,
3) office and professional,
The residential component of the Mixed Use Pod may include fee simple and
rental dwellinq units. A mixed use Pod is the aggregate of all land within the
PID consolidated and desiqnated for mixed use.
B. Definitions:
1. Master Site Plan. Master Site Plan is the conceptual plan for the entire
mixed use Pod with which individual technical site plans and buildinqs as
3rocessed by the Technical Review Committee (TRC) are to be consistent~
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Plan requirements of Master Site Plans are defined herein.
2. Technical Site Plan. Technical Site Plans are development plans for one
or more lots submitted in compliance with Chapter 4, Section 7, (A. throu.qh
G.) and Section 8. Prior to approval of the Master Site Plan, technical site
plans may be reviewed by the City Commission, for review and approval of
waiver requests for flexibility of development requlations. Such plans shall
meet the regulations for technical site plans and shall specifically list in the
tabular data those specific elements of the plan requiring waiver approval.
C. Permitted Uses. Allowed uses in the Mixed Use Pod shall be limited to
those conditional and permitted uses in the C-1 and C-2 zoninq districts and
the permitted uses in the C-3 zoninq district alonq with the followinq
additional uses and
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provisions:
Offices only, for the sale of new or used vehicles and boats;
Automobile wash establishments if accessory to a principle use;
Retail sales of hardware' and buildinq materials as described in
the Land Development Regulations, Chapter 2, Section 6.C.1. 'T' and "aa"
and Section 6.D.1 .'f" (excludin.q item 14) and includinq upholstery supplies,
and 6.D.l."h"(not limited to the 2,000 square foot maximum) up to 10,000
square feet~ wholesale of these goods or retail sales uses in excess of 10,000
square feet, and wholesale of similar floods reqardless of floor area shall
require conditional use approval~
4. Mini/self-stora.qe uses intended to serve a mixed-use project
excluding all exterior si.qnage except for identification signa.qe not in excess
of 3 square feet)
5. Outdoor display of merchandise durinq business hours only~ and
6. Any use not specifically listed herein that is deemed consistent
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with these provisions and reviewed consistent with the process described
below.
D. Uses Prohibited. Prohibited uses shall be limited to those uses listed as
in the P.I.D. requlations, with the addition of adult entertainment
uses; conditional uses as indicated in the C-3 zoning district re.clulafions; drive-
up, drive-in, and drive-throuqh features except on financial institutions; and
outdoor storaqe excluding outdoor display of goods, except where
specifically permitted in the above section.
The approval of uses in a Mixed Use Pod shall be processed in
conjunction with the review of each technical site plan, except conditional
uses shall require Commission approval. In the event a use is proposed that
is not listed under the allowed uses or the prohibited uses, the Development
Director or his/her desi.qnee may approve the use administratively as part of
the site plan approval process if the use is determined consistent with the
intent and purpose of the mixed use development. If the Director denies the
use, the applicant shall have the riqht to appeal the decision directly to the
City Commission as provided in paragraphs 7 and 8 hereafter.
E. Maximum Structure Heiqht. Mechanical equipment which exclusively
serves the structure shall not be included in the calculations of heiqht.
2. Desiqn standards for all components of Mixed Use Pods
shall be as set forth herein below.
Review and approval of a Mixed Use Pod shall be conducted
by review and approval of a master site plan for the Mixed Use Pod
(hereafter "Master Site Plan") pursuant to the Technical Review process as
set forth in Chapter 4, LDR. Notwithstandin.q the provisions of Chapter 4 to
the contrary, the submission requirements for the Master Site Plan are as
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follows:
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A sealed survey not older than six months
showing all adjacent streets, alleys and driveways,
and also illustratinq:
1. Existinq natural features.
2. Existing buildings and structures, including
use, hei.qht, dimensions and setbacks.
3. Existing utility lines and all easements.
4. Existing elevations (corder, street and
finished floor).
A scaled Master Site Plan illustrating:
1. Proposed buildin.qs and other structures, and
any existin.q buildings and structures which are to
be retained, includin.q use, height, dimensions and
setbacks.
2. Proposed off-street parking spaces,
driveways and siElewalks, includinq location,
dimensions and setbacks.
3. Proposed fences and walls, including
location, dimensions, setbacks, height and
material.
A Landscape plan includin.q the following:
1. A separate scaled drawing (at the same
scale as the site development plan) illustrating
general location of trees, shrubs, grass and other
vegetation.
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2. Proposed berms, watercourses and other
topographic features.
3. A notation on method of irrigation.
Architectural design standards showing the
following:
1. Design themes to be followed,
including materials.
2. Buildinq colors and color pallet options for
accessory design elements.
3. All buildin.q and structure maximum
plus height of mechanical
heights,
equipment.
4. Color
elevation renderin.qs depicting
representative desiqn concepts applicable
to all structures.
A Tabular summary containing:
1. Total gross project area by acreage and
square footaqe and net buildable land area
in acres and square feet.
2. Total number of proposed residential units,
which shall not be less than 750 square feet
per unit, unless a waiver is obtained as
provided in paragraph P. 3 below.
Proposed nonresidential floor area by type of use
and total gross square footage.
4. Number and ratio of off-street parking
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spaces and depiction of loading areas.
5. Water bodies in acres and square feet.
6. Height of buildinqs.
7. Land use/traffic trip generation summary.
8. List/description of each waiver request
for flexibility of development regulations.
9. The minimum and maximum number of
residential units, the minimum and maximum
number of total square footage of each
component of non-residential uses, and the
initial proposed numbers for each
component.
An enqineers drainaqe statement.
A proposed sign pro.qram for free standing signs
showinq maximum dimensions, graphic provisions,
materials and letterin.q type.
3. Waiver of Standard Zonin.q Regulations Allowed. In conjunction
with the approval of the Master Site Plan, or a technical site plan reviewed
by the City Commission, the City Commission may waive or modify the
standard zoninq regulations for the followinq:
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Buildinq setbacks.
Drive aisle widths and parkin.q dimensions.
Perimeter buffer widths.
Type and size of dwelling units.
Parking space requirements.
Internal landscape requirements.
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G. Other waivers to development regulations, except
for heiqht, which requires an enablin.q Ordinance,
as approved by the City Commission.
The applicant shall justin each waiver request in writinq as part of the Master
Site Plan application. The nature of the request, the extent from which it
departs from the standard requlation, and the basis for which it is sought shall
be documented. Additional documentation acceptable to the City, such
as shared parkin.q studies or parkin.q studies justifying a reduction request,
may be requested by the city for their use in analyzing the waiver requests.
These approved waivers shall apply to individual Technical Site Plans.
Master site plans and technical site plans, or amendments to same, which
contain waiver requests shall be subject to the public notification
requirements applicable to a zoninq code variance.
4. Followin.q approval of the Master Site Plan for a Mixed Use Pod,
subsequent modification of such Master Site Plan shall be subject to the
review/approval rules as follows. City Commission approval is required for
proposed chan.qes which violate the project's previously approved minimum
or maximum square foota.qe of non-residential use, increases in heiqht
above that which has been approved by the Master Site Plan, increases in
the maximum number of residential units as indicated on the Master Site
Plan, elimination of principle open spaces and principle pedestrian plazas,
chanqes to approved architectural desiqn standards whereby proposed
architectural desic~n standards are inconsistent with approved architectural
desi.qn standards, or increases in deqree of approved waivers. All other
revisions to the Master Site Plan includinq, but not limited to, the relocation
of approved square footaqe, conversion of square footaqe from one
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component to another (e..q. commercial to office) and. conversion from one
use to another shall follow the technical review committee portion of the site
plan review process except where stated herein.
5. Technical Site Plans Review and Modification
A. Followin.q approval of a Mixed Use Pod Master Site Plan, subsequent
site plan approval of all individual components of the Master Site Plan
(Technical Site Plans) shall be submitted to the Development Director or
his/her desiqnee. The contents of such submittal shall conform to the site
plan requirements set forth in LDR, Chapter 4. The Development Director or
his/her desi.qnee shall determine in writin.q within fifteen (15) business days of
said submittal, whether the submittal is consistent with the Master Site Plan,
and if found inconsistent, shall specify the inconsistency. If determined to be
consistent with the Master Site Plan, the final review and approval shall be
throuqh the TRC review portion of the Site Plan review process for
defermininq compliance with the LDR. A site plan submitted for review
which is determined, by the Development Director or his/her designee, to be
inconsistent with the Master Site Plan shall be processed in accordance with
the standard procedures set forth in LDR, Chapter 4, subject to applicanf'.~
d.qhf to appeal such determination in accordance with provisions set out in
para,qraphs 7 and 8 hereafter or to amend and resubmit such site plan for
reconsideration by the Development Director or his/her designee.
B. Followin.q approval of a Technical Site Plan, subsequent
modifications of such Technical Site Plan, which are consistent with the
Master Plan, shall be subject to the review/approval rules applicable to
minor/major site plan modifications as set forth in LDR, Chapter 4, Sec. 9,
subject fo the followinq., If determined to be a major modification it shall
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be processed in accordance with the provisions of 5.A. above. The
processinq and approval of any amendment to the Master Site Plan required
as a result of the modifications to a Technical Site Plan shall be processed
along with, and in the same manner as, the processin.q of the modifications
to the Technical Site Plan, unless the provisions of para.qraph 4 above would
require City Commission approval.
6. Within ten (10) business days followinq TRC review of a maior
modification of the Master Site Plan, the review of a Technical Site Plan, or
review of a modification of a Technical Site Plan, the Development Director
or his/her designee, shall issue a development order, incorporating the
findinq_ s of the TRC, which shall either approve the submittal as submitted,
approve the submittal with conditions, or deny the submittal. Once a
development order is issued, the five (5) day review period has elapsed, and
all conditions have been satisfied, individual buildinqs may be permitted
individually. Buildin.qs permitted strictly through the permittin.q process may
not exceed the building envelope as shown on the approved Technical Site
Plan.
7. The applicant, or any a.q.qrieved or adversely affected party (as
that term is defined by and interpreted under F.S. 163.3215) may request
review of the development order, or of a determination by the Development
Director or his/her designee of inconsistency, or denying a proposed unlisted
use, by the City Commission. The request for review shall be in writing and
filed with the City Clerk within five (5) business days following issuance of the
order. No development order shall be final until expiration of the five (5) day
request for review period if no request for review is made, or the City
Commission's disposition of the matter if a request for review is made.
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8. The City Commission shall conduct a quasi-judicial review at a
public hearinq within 30 business days of the filinq of the request for review.
Followin.q review, the City Commission shall:
A. Approve the Development Order, or
B. Modify the Development Order, or
C. Deny the Development Order. The decision of the
Commission shall be treated as final at the conclusion of the
voice vote on the aqenda item under consideration,
notwithstandinq later issuance of a written order. The minutes of
the Commission meetinq shall be conclusive evidence of the
action of the Commission. Review of final action by the
Commission shall be by Writ of Certiorari to the Circuit Court.
9. Expiration of Approved Plans. Approved Master Site Plans as
described herein shall remain valid indefinitely. Approved Technical Site
Plans shall remain valid for a period of two (2) years pursuant to the terms
listed in Chapter 4, Section 5.
Section 2. Each and every other Section of the Land Development
Regulations not hereinbefore specifically amended shall remain in full force
and effect as previously enacted.
Section 3. All laws and ordinances applying to the City of Boynton Beach
in conflict with any provisions of this ordinance are hereby repealed.
Section 4. Should any section or provision of this Ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this Ordinance.
Section 5. Authority is hereby given to codify this Ordinance.
Section 6. This Ordinance shall become effective immediately.
FIRST READING this ~ day of October__
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,2000.
11
SECOND, FINAL READING AND PASSAGE this 17 day of October,
2000.
ATTEST:
Vice Mayor
~ B~/Z~H, FLORIDA
Mayor Pro Tem
,~ioner ~
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