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ORDINANCE NO. o9-oiftf
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AN ORDINANCE OF THE CITY COMMISSION OF T
CITY OF BOYNTON BEACH, FLORIDA AMEND G
LAND DEVELOPMENT REGULATIONS, CHAPT R 2
"ZONING", SECTION 5L CHANGING THE I TENT
SECTION TO PROMOTE WATER ACCE AND
RECREATIONAL OPPORTUNITIES WITH
ACCOMMODATION OF USES INCLUDI MARINE-
ORIENTED AND W A TER-DEPENDEN USES, AND
ESTABLISHMENT OF DEVELOPMEN REGULATIONS
FOR IMPLEMENTATION; PI VIDING FOR
CONFLICTS, S.=VERABILITY, COD ICATION AND AN
EFFECTIVE DATE.
WHEREAS, thc Development Dcpartm nt has madc rccommendations to amend the
] 8 Land Dcvelopment Regulations changing e intent section to promote water access and
19 recreational opportunities with aecomm ation of uses including marine-orientcd and water-
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dependent uses, and establishment of evelopment regulations for implementation; and
WHEREAS, the City C mmission has considcred tho,e recommcndmions and Ends
that those amendments will e an improvement to the IPUD zoning district and corridor, and
mechanism to promotin aesirablc devclopment activity and growth in the City', tax base.
EFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY 0 BOYNTON BEACH, FLORIDA, THAT:
The foregoing whereas clause is true and correct and is now ratified and
ed by the City Commission.
Section 2.
Sub-sections L of Scetion 5 of Chapter 2 of the Land Development
Rcgulations is amend as follows:
L. INFILL PLANNED UNIT DEVELOPMENT (IPUD). The InfiU Planned Unit
31 Development (IPUD) District standards and rcgulations are created for the purP()SC of allowing
32 flexibility to accommodate intill and redevelopment on parcels less than Eve (5) aeres in size.
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I. Intent and expeetations.
1 Pareels five or more acres in size shall comply with nonnal Planned
2 regulations found in Chapter 2.5 of the Land Dcvelopment Regulations.
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a. Thc IPUD regulations arc intended to be use in situations where new
development or redevelopmcnt is proposed within an already de loped area or neighborhood
looated in the Federal Highway Corridor Community Redevel ment Plan, Study Areas I and
v. A mixture of uses including residential, retail commercia nd office, may be allowed to the
extent that no land usc conflicts will result and the basic mtent of the Zoning Code and the
Comprehensive Plan will bc followed. This district is so intended to promote water access
and recreational 0 ortunities with accommodations of uses includin marine-oriented and
water de endent uses in both mixed-use develo men and limited sin Ie-use ro.ects.
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b. It is a basie public expeetation t t landowners requesting the use of the IPUD
district will develop design standards that e cecd the standards of the basic development
standards in terms of site dcsign, building rchiteeturc and construction materials, amenities
and landscape design. Thc extent of varia cc or exception to basic design standards, including
but not limited to rcquirements for pa ing spaecs, parking lot and circulati,)n design, and
setbacks, will bc dependent on how ,II the above-stated planning expectations are met in the
propos cd dcvelopment plan.
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c. The IPUD shall! mimize advcrse impacts on surrounding property. The city is
not obligated approve the level of development intensity rcquested for the
IPUD. Instcad, it is expect to approve only such Icvcl of intensity that is appropriatc for a
particular location in te of land use compatibilities. The eity may require, as a condition of
approval any limitation ondition, or design factor that will provide a rcasonable transition to
adjacent development.
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d. der to be approved, an IPUD project must be compatible with and preservc
the character of jacent residcntial neighborhoods. Further, it must be an enhancement to the
local area and t c city in gencral. Prescntation of projcets that fail to do so will I:e denied.
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e. Each IPUD projcct is indcpendent and will bc cvaluated solely on i.ts own merits.
The inclu . on of ccrtain featurcs in a previously approved IPUD project will nN be entertained
as a vali argument for the inclusion of that same feature in an,' other IPUD project if the city
dccide to rejeet those features.
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Application proccss.
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a. The proecdurcs and requirements for applying for rezoning to th~ IPUD district
are the same as those for rezoning to the PUD district as stated in Chapter 2.5, Section 10, of
the Land Developmcnt Regulations.
b. Whcn the IPUD is to be developed In a single phase, the site plan for the
developme!1t may also represent thc master plan.
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c. The entire property proposed for dcvelopment as an IPUD shal ~under
2 eommon ownership or unified control, so as to ensure unil1ed devclopment.
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3. Development standards.
I acre:
Minimum lot arca:
Maximum lot arca:
5 acres
Minimum lot frontage:
Maximum height:
45 fcct (lesser height ma e required for compatibility with
adjacent development)
Maximum lot coveragc
(building):
50%
Maximum density:
Detcrmined .' land usc 10.8 du/ac for land classified High
Density Re ldcntial (I-lOR) or Local Retail Commercial (LRC);
or 20 du/ c for lands classil1ed Special High Density Residential
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Minimum usable open
space per dwelling unit:
Pcrimeter setbacks:
all mirror setbacks of adjacent zoning district(s) but with a
minimum of the setback required for a single-family residence,
as determined by the orientation of structures in the IPUD.::
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Private marinas as a principal usc
4 aercs a minimum lot frontage of 150 feet and
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, below for additional rc uirements.
4.
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Building design elements.
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(I) Massing. The proportions and relationships of thc various architectural
eomp ents of thc buildings should bc utilized to ensure compatibility with the scale of othcr
dcv1e opment in the vicinity. Thc buildings should not detraet from or dominate ihe surrounding
are . ,
(2) Materials. A variety of matcrials must be utilized to provid,; visual interest
to the buildings. Colors and materials must be sclected for compatibility with the site and the
neighboring area. Thc exterior building design must be coordinated on all devations with
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regard to color, matcrials, architeetural form, and detailing to ac eve design harmony and
2 continuity.
3 (3) Articulation. Well-articulatcd buildings an architectural inteiest and variety
4 to the massing of a building and help break up the monoto us facadcs. A variety of features
5 must be incorporated into thc design of thc buildings to rovide suf1icient articulation of the
6 facades. This may be achieved by incorporating the us of vertieal and/or horizontal reveals,
7 step backs, modulation, projections, roof dctailing, nd three dimensional details between
8 surface planes to create shadow line and break up flat urface areas.
9 (4) Overall dcsign. Design of the oject shall be tailored to the specific site and
10 shall take into consideration the protection an enhancement of any naturalfeaturcs of or
11 adjacent to the site as an clement in the overall esign.
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b. Screening and buffering.
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(1) Appropriate screening a buffering will be requircd.
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(2) Such screening m~st ield ncighboring propcnies from any adverse effects of
the proposed development.
(3) Screening and bur ering must also be used to shield the proposed development
from the negative impacts of adja ent uscs.
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(4) Special em asis should be placed on sereening the intrusion of automobile
headlights on neighboring pro erties from parking areas and driveways.
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(1) Pcdc rian cireulation should be carefully planned to prevent pedestrian use
of vehieular ways and j:] rking spaces.
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(2) In II eases, pedestrian aeeess shall be provided to public walkways.
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Pedestrian circulation desi 'n shall romote intereonnectl\ It within and
to discoura e unncccssa ' use of the automobile and reduce vehiclc miles
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d.;
(1) Shall bc rcquired for rcsidcntial development projccts and mixed-use
residential proJeets:
/ (2) Shall inelude active or passive rccrcational space;
(3) Shall not be occupied by streets, drives, parking areas, or ~;tructurcs other
thi recreational structures:
(4) Shall be designed to be available and accessible to every dwelling unit
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proposcd:
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(5) Shall, where feasible, be centrally located in the development; and
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(6) Shall not includc private courtyards natural areas and water bod.
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e. Trash collection.
4 (I) Special emphasis shall be plaecd on trash collection po.
5 (2) Trash containers or dumpsters must bc sereened a dcsigned such that they
6 arc not visible from or disruptivc to adjacent properties, streets, a a rights-of-way while still
7 being convcniently aceessiblc to their users and collectors.
8 (3) Dumpsters or trash containers shall not b ocated within setbacks abutting
9 single-family rcsidential developments.
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f. Mixed land uses.
11 (I) Within the IPUD district, mixed I' d uses may be proposed,
12 (2) Commercial uses shall only b allowed for d~velopments fronting on streets
13 classified as "arterial" on the "Functional CI sitication of Roadways" map in the Boynton
14 Beach Comprehensive Plan.
15 (3) Sueh dcvclopme must be found compatible with adj!'cent uses and
16 established design characteristics.
17 (4) Anyeommerc. I uses shall be small-scalc rctail and services, primarily to
18 serve the residents of the IPUD, nd not the public in gcneraL except for uses qualii'ving under
19 "4.g." below accruing.
20 (5) Any c mmcrcial uses must front on the arterial roadway or on an acoess
2 I wholly contained withi the project with neither entrance nor exit on or visible from or
22 disruptive to adjacent p,'operties, strcets, and rights-of~way.
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Within the IPUD district. uscs shall be encoura ed that incrcase water access
and reereation. 0 ortunities to the communit '. so as to su iJrt a mix of uses, water aeccss
and minimize travcl distances.
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111" addition to adherence to thc other. development t:~gu!ations and
com ati . itv Ian 'ua e contained within thc cntire IPUD section of the eodc, anv marine-
oriente or water dependent use shall also conform to the requirements listed hcrein.
/ (3) Principal land uscs mav include boat and yacht clubs, and pLvate or public
ma mas see Part III Cha tcr 1. Definitions contingent upon bcinl!. located within an area
i ntified with thc "Preferred" sitin dcsi nation bv the 2007 Palm Beach Coun
anatee Protection Plan. Howevcr maior repairs and boatels_ or rcsidini:: on.~ shall bc
prohibited in the IPUD district, Additionally, all sale or minor rcpair of boatscor components
thcreof. shall onlv occur within a fulfv enclosed structurc exccpt as otherwise allowed bv
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/ (c) The use of standardized "corporate" architectural stvlcsilssociated with
hain-type businesses is prohibiied.
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paral!:raph #6 below. The above noted principal uses, when combined with rcsidentia ses in
vhich the residential com onent occu ies 25% or more of the total landar . shall be
considered permitted uses, otherwise such marine uses shall require conditional u a rovaI.
paces,
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4 The followin' uses shall be allowed as access
llarine uses deseribed above: boat brokera es, shi 's stores, tacklc 0 s, mantlll1e museums or
other related educational uses, restaurants, boat ram s and other unchin faoilities.
5 Marinc-oriented and water de endent u s shall meet all re uirements of
ubsection "4.f." above, with thc cxcePtion of "4.1'.(4)".
7 Wash down and othcr
building or within an enclosed structur
minimize e.~ternal impacts.
eakers shall be allowed other than for low vOlul]le music that is
10 In addition to adherin to thc Cit ,'s sound re ulations, no equipment,
machines, or tools shall be used between the hours of 8:00 a.m. and 6:00 p.m. that generates
noise unique 10 'residential neighborhood.
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('11)
faetlit~/
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building materials,
ol&s.
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Additional design rcguIations for commercial buildings and boat storage
Architeetural integration shall be eneouraged through. the choice of
architectural style, extensivc usc of windows, and choice of soft. muted
(b) All buildings shall incorporate
and building hcights, and stepping roof lines.
3600 architecture, a variclY of massing
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16 As an alternative to t e re uired fa ade offsets noted above decorative
17 and substantivc roofline chan es when u led with corres ondin Iv ali ned facade material
18 changes, mav substitute.
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20 A minimum of two different t es of buiIdin materials shall be used.
2 I with a 70 percent-30 percent rat" . A chan e in stucco or use of windows will not count toward
22 meeting this requirement.
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24 Arti lation in ara et wall shall be re uired with a minil)1Um of five (5)
25 cades and anv fa ade oriented towards a street. and two and one half
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28 Para et walls shall feature three dimensional cornice treatment. to provide
29 a finished 100 from any angle. Additionallv. a ara et return is re uired with a length equal to
30 the re uired ara et articulation.
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32 (j) All customer cntrances to the building shall be the foeal point of design.
33 Arch. ectural elements shall inelude some combination of the following improvements:
34 lintels. columns. pilasters. porches. balconies. railings. balustrades. and ornate
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(k) On anv retail or ot1ice building within a marine-oricntcd or water
dependent project. or any portion of a building devoted to such use, windows shall be of
pedestrian scale, recessed and vision glass without obstruction.
(I) On anv rctail or office building within a marine-oriented or water dependent
42 proiect. on anv facade on which a customer entrancc to the buiJding is located. a minimum of
43 1.6 square Coot of vision glass is required for each onc (1) lineal foot of facade.
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(m)
On anv retail or office building withill a marine-oriented or water
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I dc endent roO ect on an other facade facin a ublic street
2 vision glass is required for each one ( 1) foot.
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25 erimeter landsca e barrier shall be re uired bctween incom atible uses
26 and/or zonin dis lctS. or where there arc differences in dcnsit . intensit or buildin hei hts
27 or mass. or for hose certain uses re uirino additional screenin in order to shield outdoor
28 stora 'e or 0 e tions. The barrier shall consist of a decorative buffer wall of at least six 6 feet
29 in hei 'ht in ddition to a variet ' of densel' lanted trces hed es and shrubs. In areas where
30 suffieient idth is rovided or staff determines additional bufferin is warranted. a berm ma
31 be re uir d in addition to the above re ulations.
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33 (r) The applicant shall demonstrate through site design and buffering how
34 d associated with the non-residential com onents of the ro'eot will be miti ated.
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h. Compatibility with surrounding development.
(I) Compatibility will be judgcd on how well the proposed development fits
within the context of the neighborhood and abutting propcrtics. For this purpose; elevations
and cross-scetions showing adjacent structures shall be ineludcd with the site plan application.
(2) If vegetation, screening or other barriers and/or creative design on the
perimeter of an IPUD achieve compatibility with adjacent uscs, the city may grant some relief
from the following two requirements:
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a. Any IPUD located adjacent to an eXlstmg single-family residential
development(s) must locate structures of the samc unit type or height allowed by the adjacent
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I zoning district(s), with the exeeption of a use approved in accordance with subsection "4. "
2 above.
3 b. Structures on the perimeter of an IPUD project, in Clition to the basic
4 setback rcquirements, must bc set back one (I) additional foot for each 0 (I) in height for the
5 perimeter structures that exceed thirty (30) feet. A structure shall be onsider"d to be on the
6 erimcter if there is no intervenin buildin betwcen it and the ro e line.
7 (3) If an IPUD is located with frontagc on the Intc coastal Wateri,vay, conditions
8 of approval shall includc a deed restriction requiring that any ockagc built will not exceed in
9 width the boundaries of the project's actual frontagc on the ater, regardless of what any other
10 governing or permitting entity may allow or permit.
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I. Vehicular circulation.
12 (I) Privately owned streets providi g secondary vehicular circulation internal to
13 the IPUD may be eonsidered for approval with .ghts-of-way and pavement widths less than the
14 requirements stated in the city's Land Deve pmcnt Regulations. However, it' no case shall
15 health, safety andlor welfare be jeopardize
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16 (2) Roadways providi g external connections to the city's street network shall
17 meet all requirements contained in t eity's Land Development Regulations.
j. Parkin. For minil
Seetion 11. H. 16.e (10).
arkin' standards and calculations. see Chapter 2. Zoning,
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k. Exterior lig mg. Lighting of thc exterior, parking areas and watereraft docking
facilities of the planned evelopment shall be of the lowest height, intensity and energy use
adequate for its pzrpo and shall not create eonditions of glare that extend onto abutting
propertIes.
L b at ural features. The physical attributes of the site shall be respected with
1 for preservation of natural featurcs, tree growth and open spac,:.
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Each and every other provision of the Land Developmwt Regulations
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Se tion 3.
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nozt herein specifically amended, shall remain in full force and effcet as originally adoptcd.
Section 4. All laws and ordinances applying to the City of Boynton Beaeh m
eontlict with any provisions of this ordinance are hereby repealed.
/ Section 5. Should any seetion or provision of this Ordinance or any portion thereof
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be declared by a court of eompetent jurisdiction to be invalid, sueh decision shall not affect the
remainder of this Ordinanee.
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Section 6.
Authority is hereby given to codity this Ordinance.
This Ordinance shall become effeetive immediately.
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Section 7.
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FIRST READING this _ day of ,2009.
SECOND, FINAL READING AND PASSAGE this
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day of
,2009.
CITY OF BOYNTON BE
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17 ommissioner - Jose Rodriguez
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20 Commissioner ~ MarIenc Ross
21 ATTEST:
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25 Janet M. Prainito, CMC
26 City Clerk
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29 (Corporate Seal)
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