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Agenda 05-28-19 CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, May 28, 2019 TIME: 6:30 PM PLACE: Intracoastal Park Clubhouse 2240 N. Federal Highway 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Approval of Minutes 5. Communications and Announcements: Report from Staff 6. Old Business 7. New Business 7.A. Approve request for Conditional Use and Major Site Plan Modification (COUS 19-001 / MSPM 19-006) for 7-Eleven, Inc., to allow redevelopment for a new 2,540 sq. ft. convenience store, a 3,096 sq. ft. gas station canopy composed of six(6) pump stations, and related site amenities and improvements, on a 0.84 acre parcel located at 4798 N. Congress Avenue, in the C-3 (Community Commercial) zoning district. Applicant: Grant Distel, 7-Eleven, Inc. 7.B. Review the proposed Sustainable Development Standards. 7.C. Approve amendments to the Land Development Regulations, Chapter 4, Site Development Standards, Article 1, Environmental Protection Standards, Section 4, Standards, to create regulations requiring proper application of fertilizer to protect water bodies, and amendments to Chapter 1, Article 11, Definitions, to add corresponding definitions. Applicant: City-initiated. 7.D. Approve proposed code language implementing CRA Plan-Group 4 (CDRV 19-003) - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article 11. Definitions, Article 111. Relationship to Comprehensive Plan, and Article IV. Redevelopment Plans; and (3) Chapter 3. Zoning, Article 111. Zoning Districts and Overlay Zones, to continue implementation of revisions related to modification of the future land use categories and to other recommendations of the Community Redevelopment Plan, including creation of the Cultural District and Boynton Beach Boulevard Overlays. Applicant: City-initiated. 8. Other 9. Comments by members 10. Adjournment The Board may only conduct public business after a quorum has been established. If no quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk of her designee will so note the failure to establish a quorum and the Page 1 of 142 meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F. S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742-6060 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Page 2 of 142 7.7.A. New Business 5/28/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 5/28/2019 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve request for Conditional Use and Major Site Plan Modification (COUS 19-001 / MSPM 19-006) for 7-Eleven, Inc., to allow redevelopment for a new 2,540 sq. ft. convenience store, a 3,096 sq. ft. gas station canopy composed of six (6) pump stations, and related site amenities and improvements, on a 0.84 acre parcel located at 4798 N. Congress Avenue, in the C-3 (Community Commercial) zoning district. Applicant: Grant Distel, 7-Eleven, Inc. EXPLANATION OF REQUEST: The 0.84-acre subject property consists of a parcel that is currently developed with two, single-story buildings. The principal building is presently occupied by a Mobil convenience store with gas station canopy and a detached accessory car wash building. The applicant has submitted Conditional Use and Major Site Plan Modification applications to redevelop the property with a 2,540 square foot 7-Eleven convenience store and gas station. The existing car wash building located on the south side of the property will be demolished to accommodate a 24-foot wide two-way drive isle and a 12 foot wide loading zone. The gas station use requires conditional use approval, which is being processed concurrently with the request for Major Site Plan Modification. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Not allow redevelopment of an existing gas station and convenience store (not recommended). STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Page 3 of 142 Grant Amount: ATTACHMENTS: Type Description D Staff Report 7-11 Gas Station Staff Report D Location Map Exhibit A® Location Map D Addendum Exhibit B—Site Plan D Addendum Exhibit B_Survey D Addendum Exhibit B_Laving, Grading, Drainage and Utility Plan D Addendum Exhibit B_Pavement Marking and Signage Plan D Addendum Exhibit B—Photometric Plan D Addendum Exhibit B_Landscape Plan D Addendum Exhibit B_Building Elevations—R0.01 D Addendum Exhibit B_Pump Islands Canopy Elevations and Shell Plan D Addendum Exhibit B—Floor Plan D Addendum Exhibit B_Store Front Signage Elevation D Addendum Exhibit B_Side (South) Elevation D Addendum Exhibit B_Pylon Sign Details D Addendum Exhibit B_Existing and Proposed Pylon Sign Elevation D Addendum Exhibit B_Pump Stations Canopy Signs D Addendum Exhibit C—Conditional Use Justification D Addendum Exhibit D—Conditions of Approval D Addendum Exhibit E_Development Order Page 4 of 142 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-019 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Luis Bencosme Planner I DATE: May 17, 2019 PROJECT NAME: 7-Eleven Gas Station COUS 19-001 / MSPM 19-006 REQUEST: Approve request for Conditional Use and Major Site Plan Modification (COUS 19-001 / MSPM 19-006) for 7-Eleven, Inc., to allow a 2,540 sq. ft. convenience store, a 3,096 sq. ft. gas station canopy composed of six (6) pump stations, and related site amenities and improvements, on a 0.84 acre parcel, located at 4798 N. Congress Avenue, in a C-3 (Community Commercial) zoning district. Applicant: Grant Distel, 7-Eleven, Inc. PROJECT DESCRIPTION Applicant: Grant Distel, 7-Eleven, Inc. Property Owner: Bank Street Partners LLC Agent: Shane Laakso, Keith and Associates Location: 4798 N. Congress Avenue Existing Land Use/Zoning: Local Retail Commercial (LRC) / C-3 Community Commercial Proposed Land Use/Zoning: Local Retail Commercial (LRC) / C-3 Community Commercial Proposed Uses: Gas Station with convenience store Acreage: 0.84 Acres Page 5 of 142 7-Eleven COUS 19-001 /MSPM 19-006 Page 2 Adjacent Uses: North: Right-of-way of Hypoluxo Road; farther north, developed commerical, within Palm Beach County jurisdiction; South: Developed multi-tenant commercial property (Chase Bank and Duffy's Sports Grill), classified as Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); East: Developed multi-tenant commercial property (Publix Super Market), classified as Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); and West: Right-of-way of South Congress Avenue; farther west, developed multi-tenant commercial property (Bank of America and Presidente Supermarket), classified as Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject project were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND/ PROPOSAL The 0.84-acre subject property consists of a parcel that is currently developed with two single story buildings. The principal building is presently occupied by a Mobil convenience store, gas station canopy and separate car wash building. The applicant has submitted Conditional Use and Major Site Plan Modification applications to redevelop the property with a 2,540 square foot 7-Eleven convenience store and gas station. The existing car wash building located on the south side of the property will be demolished and converted into a 24 ft. wide two-way drive isle and a 12 ft. wide loading zone. The requests for Conditional Use and Major Site Plan Modification approval are being processed concurrently as the gas station use requires Conditional Use approval. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform to. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. In addition, the applicant has submitted a separate detailed justification statement that addresses each of these standards (see Exhibit "C" —Justification Statement). The Planning & Development Board and City Commission shall consider only such conditional uses that are authorized under the terms of these zoning regulations and, in connection Page 6 of 142 7-Eleven COUS 19-001 /MSPM 19-006 Page 3 therewith, may grant conditional uses absolutely or conditioned upon adherence to conditions of approval including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The subject property currently has two (2) primary points of ingress/egress; one (1) driveway is located on the west side of the parcel which connects to South Congress Avenue, and one (1) on the north side connecting to Hypoluxo Road. The property also has two (2) points of cross-access with the property to the east (see Exhibit "B"). With the redevelopment of the site, the applicant proposes to modify the the ingress/egress drive on the west to an ingress access point only, as recommended by Palm Beach County Traffic Engineering, while retaining the full ingress/egress driveway along Hypoluxo Road. The applicant also proposes to close the one-way cross-access drive between the shopping center and the gas station located closest to Hypoluxo Road, to reduce turning movement conflicts at the entrance drive. The closure of this cross-access drive is offset by the two- way cross-access drive with the shopping center on the south side of the building, which provides access in both directions, in a much safer manner. Two-way drive aisles are provided throughout the site for efficient traffic flow. There are existing sidewalks along both Hypoluxo Road and South Congress Avenue, and pedestrian access to the site is proposed to be enhanced through the construction of a new walkway leading from Hypoluxo Road and connecting directly to the convenience store entry doors. The convenience store is lined with walkways and a covered bike rack has been provided. 2. Off-street parking and loading areas where required, with particular attention to the items in standard#1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The minimum parking spaces required for gas stations is calculated at 1 parking space per 250 square feet of gross floor area. The proposed gas station would be required to provide a total of 11 parking spaces as the principal building is 2,540 square feet. The site plan depicts 11 parking spaces; 4 spaces located on the north side of the property, and seven 7 spaces located near the building frontage. An accessible parking space has been provide and strategically located immediately near the building's front door, which allows safe and quick access to the convenience store. The proposed location of the parking spaces would not create or increase the negative effects caused by glare, noise and odor as they have been located away from adjacent properties and have been effectively screened by landscaping around the perimeter of the property as required by the City's landscape code. Furthermore, the site plan includes a 12 foot by 35 foot loading zone located near the south building facade and adjacent to a 24 foot wide two-way drive aisle, which is of sufficient width to provide efficient traffic flow and control, as well as access during regular business hours and in case of an emergency situation. Page 7 of 142 7-Eleven COUS 19-001 /MSPM 19-006 Page 4 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. A dumpster has been proposed near the southeast corner of the property, behind the rear of the building and setback approximately 50 feet from the south property line. The refuse area is screened by both an enclosure composed of 7 foot, 4 inch tall walls and landscaping that shall be maintained at half the height of the enclosure walls. Trash would be removed on a standard schedule. Solid waste is not anticipated to increase significantly as a result of this application. However, should the waste flow create an issue, the waste pick-up frequency will be increased to accommodate it. Additionally, a 60 foot clear area has been provided to ensure efficient trash pick-up on the north side of the south drive aisle, which should not disrupt the flow of traffic into and out of the subject property or the adjacent property to the east. 4. Utilities, with reference to locations, availability, and compatibility. The City of Boynton Beach Utility Department currently serves the site, and utilities would continue to be available and provided, consistent with Comprehensive Plan policies and City regulations. No additional impacts are anticipated with this application. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The site is a corner lot surounded by two commercial properties to the east and south. Both properties are zoned C-3, which is similar to the subject property's zoning designation. The proposed building design, height, and use is compatible to the design, height and uses of the buildings located on the adjacent properties. The applicant is proposing a perimeter landscaped buffer along the south and east property lines comprised of variety of hedges (Florida Privet, Spanish Stopper, Ixora, and Wild Coffee) and several types of closely spaced trees (existing Oak Trees and new trees), which should be sufficient to ensure proper screening from view of adjacent properties and to meet landscape code requirements. The plant material chosen will be native and/or drought-tolerant, such as Gumbo Limbo (tree), Cabbage Palm (palm tree), Florida Privet (shrub) and Gulf Mully Grass (groundcover). Additionally, butterfly attracting plant material such as Coontie, Jatropha, Ixora, and Wild Coffee have been utilized in the planting schedule. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The applicant proposes to maintain the existing pylon pole sign located on the norwest side of the property. The sign structure will not be modified, except for the bottom 3 cabinets which will utilize LED digital technology to display regular gas and diesel prices. Although the City code currently prohibit the use of electronic signs, recent legislative amendments prohibit the City from restricting the visibility of signage displaying gas pricing. This preemptive legislative requirement would only apply to pricing and not to other merchandise and other services. No additional monument signs have been proposed. Furthermore, 2 internally illuminated wall signs with LEDs have been proposed for the building; a sign located on the west elvevation, facing Congress Avenue and another sign on the north elevation, facing Hypoluxo Road. The pump island canopy will include energy efficient LED recessed canopy lighting that will provide proper lumen levels and ensure safety for all gas station pump users. The proposed Photometric Plan shows the installation of 7 light poles. In an effort to diminish glare and impact on surrounding properties, the light fixures will be full cutoff Page 8 of 142 7-Eleven COUS 19-001 /MSPM 19-006 Page 5 design, and the light levels are depicted to be below the code maximum of 5.9 footcandles, other than underneath the pump island canopy, where additional lumens are allowed for safety associated with credit card transactions. The canopies attached to the west and north building facades will have 8 ft. long LED batten strip recessed lighting fixtures. The building will have 7 wall mounted fixtures along the west, south and east facades to provide adequate lighting levels immediately around the building and ensure sufficient visibility and safety. The pump island canopy will be illuminated by recessed canopy LED lights to reduce glare. 7. Required setbacks and other open spaces. The gas station building is proposed to meet or exceed the minimum setback requirements of the C-3 zoning district. Minimum setbacks are: front (west) required 35' — provided 125.18'; rear (east) required 20' — provided 20.04'; side corner (north) required 35' — provided 79.28'; and side (south) required 20' — provided 49.11'. 8. General compatibility with adjacent properties, and other property in the zoning district. The gas station is generally compatible with the remainder of the commercial uses on the corridor, and large residential developments nearby. The building's design is typical of most commercial structures with a mix of smooth stucco painted with two complementary colors (Balanced Beige and Aesthetic Beige) and split-face blocks painted Balance Beige. Also, the building has a parapet roof design with a transition between high impact EIFs cornice finished with stucco and prefinished metal parapet cap to create an interesting transition. The west and north facades have a set of glass windows, doors and prefinished eyebrows. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The gas station convenience store is designed as a one-story structure, with the parapet wall at a height of 20', and the top of cornice feature at 21'— 4", which is compatible with the structures on adjacent properties, and under the maximum allowable height of 45' in the C-3 zoning district. The highest point of the pump island canopy is 17.5'. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The overall economic effects of the proposed use, which is similar to the existing use of the property, on adjacent and nearby properties, and the City as a whole, will be minimal, other than the enhanced condition of the property with the upgraded building and site features. Furthermore, the City would benefit from permit fees and certificate of use fees. It is a local convenience as intended by LRC future land use designation. Additionally, it provides commercial retail services, which support the resident and visitor populations as well as creating new employment opportunities for the adjacent residential communities. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; A mixed use zoning district or redevelopment plan is inapplicable to this project. 12. Compliance with, and abatement of nuisances and hazards in accordance with, the performance standards of Chapter 2, Section 4.N. of the City's Land Development Regulations and conformance to the City of Boynton Beach Noise Control Ordinance. Page 9 of 142 7-Eleven COUS 19-001 /MSPM 19-006 Page 6 The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. The fueling stations are subject to federal and state safety standards, which provide protections from the nuisances and hazards of fuel. All convenience store activity takes place entirely within the fully enclosed building. As indicated above, the applicant is proposing to screen the site with dense landscape composed of trees and hedges around the perimeter of the property that should be sufficient to prevent noise associated with operations to become an issue. With incorporation of all conditions and staff recommendations contained herein, the proposed use would exist in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. 13. Required sound study and analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer. a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met; b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/equipment; c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used; and/or d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. This standard is inapplicable to this Project because there are no proposed uses for bars, nightclubs, and similar establishments. RECOMMENDATION Based on the information contained herein, compliance with development regulations and conditional use standards, staff recommends APPROVAL of this request for conditional use and major site plan modification, subject to satisfying all conditions of approval recommended by staff as contained in Exhibit "D" — Conditions of Approval. Any additional conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit "D" accordingly. Furthermore, pursuant to Chapter 2, Article II, Section 2.0 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of 18 months be allowed to receive the necessary building permits. S:\Planning\SHARED\WP\PROJECTS\7-Eleven 4798 N. Congress Ave\StaffReport 7-Eleven.doc Page 10 of 142 EXHIBIT A LOCATION MAP , An y i n y C 4� �• �4 a h, Legend :dmlllmll. 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("Applicant'), we are pleased to Submit this letter in support of the conditional use application for a property located at 4798 N. Congress Avenue (the"Subject Property"). The letter responds to the Standards for Evaluating Conditional Uses as outlined by City of Boynton Beach Land Development Regulation Chapter 3, Article IV, Section 4, C. Standards, and as required by Section III of the Conditional Use Application. Chapter 3, Article IV, Section 4, C. indicates: In evaluating an application for conditional use, the Board and Commission shall consider the effect of the proposed use on the general health, safety, and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning all of the following standards, where applicable. The following numbered list identifies each standard from the code and below each standard, in bold text, we provide a response: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe-, Response. The Subject Property is currently developed with a convenience store, gas station, and car wash.The proposed redevelopment of the site includes demolishing the existing structures on the site and redeveloping the convenience store and pump canopy in a different configuration. With the redevelopment,the Applicant proposes to reconfigure the site to improve vehicle and pedestrian access from both the adjacent roads and from the adjacent shopping center. Access to Congress Avenue Vehicles currently access the site from Congress Avenue via an existing driveway with right-in ingress and right-out egress capabilities.The proposed redevelopment plan will relocate the driveway further south to increase the distance between the driveway and the intersection. It will also remove the egress component of this driveway. Both actions increase safety. Drivers who want to exit to Congress Ave.can do so using the shopping center's internal driveway.The shopping center has one driveway with access to Congress Ave. and an additional access point is available to motorists further south at Plaza Lane. -—-—-------------- 301 E Atlantic Blvd 2160 NW 82 Ave 2312 S Andrews Ave 120 N Federal Hwy 321 N Crystal Lake Drive Pompano Beach Dora] Fort Lauderdale Suite 208 Suits 208 FL 33060 FL 33122 FL 33316 Lake Worth,FL 33460 Orlando,FL 32803 954.788.3400 305.667.5474 954.788.3400 561.469.0992 954.788.3400 Page 26 of 142 February 5,20191 Page 2 of 7-Eleven ( 785)Conditional Use Permit Standards for Evaluating Conditional Uses Access v The site currently has a dri it ingress s reconfiguration i in the ingress and egress access and location of the existing driveway. vr,the proposed redevelopment planincreases rive to increase safety. Pedestrian accessis also improved viasidewalk the convenience Hypoluxo Road and the larger pedestrian network in the area. Cross Accegg_gbanges The Applicant w the internal, cross access on the north sider i currentlyaccess i sone-waycirculation west-to-east. redevelopment plans improve the southern internal cross c iguous shopping center. These improvements include clearer pavement markings, channelization, i i signage. Overall,the siteis reconfiguredimprove circulation increase entering, exiting, and remainingsite. . -street parking and loading areas where required, with particular attention to the items in subsection C.I. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole; Response: The proposedi I improves the site's off-street parking configuration.The new parking locations consolidatei in two areasclarify i ' clear markings. Most of the parking spacesre located in front of the convenience store. Overf1 i is located in a safe area on the north side of the property. The proposed parkingeliminate ii it between existing parking , traffic entering the sitet rAvenue, and vehicle i r the car wash.The parkingproposed configuration improves Iare, noise, and lightingc ight emanating fromvehicles on the property ill decrease because most of the parkingis currentlycperimeter of the property,while most of the r i the new sitec it i r than adjacent properties. loading r is clearlylin in a location close Lighting associated withthe parkingr is intended to provideiwcondition fuelingfor people vehicles i convenience r . The redevelopment removes the automatic car wash,whichill decrease noise. i ill not affectr economic effects. 3. Refuse and service areas, with particular reference to the items in subsection C.1. and G.2. above; Response. The refuse area is located behi it i is expectedto improve the accessr refuse trucks. ill not affectadjacent properties than existingconditions. 4. Utilities, with reference to locations, availability, and compatibility; Response. Water-An existing 2-inch water meter that supplies the existing building will be used to supply the proposed building.The water meter on the east side of the site is approximately 72 feet north of the south property line. Sanitary Sewer-An existing 6-inch sanitary sewer lateral that connects to an existing -inch gravity sewer system and services the existing building will be used to service the proposed building.The manhole is located near the southeast corner of the site and the sewer lateral runs along the east side of the site approximately 12 feet from the east property line. Drainage -An existing drainage structure that connects the existing site's drainage system to that of the shopping plaza will be used to connect the proposed site's drainage system to that of the shopping plaza. The existing structure is located near the east property line approximately 29 feet north of the south Page 27 of 142 February 5,2019 f Page 3 of 7-Eleven ( 785)Conditional Use Permit Standards for Evaluating Conditional Uses property line. 5. Screening, buffering and landscaping it reference to type, dimensions, and character; Response: The north and t buffer consists of sabal palmsiv iheights tieredcreate a landscape c i r consists of a continuous iv hedge along the street frontage of the property combinedi t tolerant groundcover. Signature flowering shrubs mark the r i includes support I r existing native trees and proposed canopy trees. continuousith groundcover fill the landscape area on the south propertyi t Privet hedges have been used to screen the dumpster enclosure layered shrubsto soften the foundationthe building. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearbyproperties; All proposed signageill comply withi requirements that are outlinedin the Land Development ions.The signage willi iproperties. 7. Required setbacks and other open spaces; The proposed buildingcanopy are setbackfrom the right-of-way and from adj nt property lines 4's Land Development Code requirements. setbacks include i Gas Station in t 3.Article 4. Section . . The sitecontains 80-foot easement, which ensures that structuresr ck more than the required amount alongI . The proposed site plan includes mor rc cel pervious surface. . General compatibility with adjacent properties, and other property in the zoning district; Response: The proposed use is the same as the existingconvenience it station. Sincei is a replacement i tin ,and the existinge is compatiblei properties,adjacent the proposed use is compatible ct properties. The proposed siteIalso removescar wash use, which reduces the number of uses and structurese Furthermore,the subjectr is located in a commercial r intersection of two hi -tr ic, countyarterial ( v .—Urban Principal Arterial ( - o Rd. —Urban Minor Arts ria( - }. No residential v is adjacent to the site. 9. Height of buildings and structures, with reference to compatibility nd harmony to adjacent and nearby properties, and the city s a whole; Response: The proposed building is - it is replacingit in .The surrounding commercial r is comprisedlow-elevation commercial c (1)an ( floors. The proposed buildingis consistenti u i . 10. Economic effects on adjacent and nearby properties, and the city as a hole; Response: The redevelopment c increase values f adjacent propertiescconstruction v !opment typis lly signals that propertyis more desirable.The developmentill likely be more valuable than the existing ,which would increase revenues i . 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; and Response: Not applicable.The property is in commercial of iri . t Page 28 of 142 February 5,29191 Page 4 of 4 7-Eleven (34785) Conditional Use Permit Standards for Evaluating Conditional Uses 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in ChimpegErlA�rbcle IV, Section I and the Noise Control Ordinance, and City Code of Ordinances Part jlChapter 15, Section 15-8 Response: The proposed development is compliant with the operational performance standards in Chapter 3,Article IV,Section 1. The proposed redevelopment is the same use as the existing development, but the redevelopment effort will ensure that improvements are made to the various site components.The proposed redevelopment will also remove the existing automatic car wash.This car wash will not be replaced,thus reducing the externalities associated with that use and structure. ............ ZK Page 29 of 142 EXHIBIT D Conditions of Approval Project Name: 7-Eleven Gas Station File number: COUS 19-001 / MSPM 19-006 Reference: 31d review plans identified as a Maior Site Plan Modification with an April 26th, 2019 Planning and Zoning Department date stamp marking. ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. As a result of the closing of the northerly cross-access drive, the applicant shall be responsible for providing an appropriate X termination of the drive aisle on the abutting parcel to the east, satisfactory to the City Engineer. FIRE Comments: None. All previous comments addressed at DART meeting. POLICE Comments: None. All previous comments addressed at DART meeting. BUILDING DIVISION Comments: None. All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 2. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004, and an affidavit with attachments X (ownership list, radius map, and copy of mailing labels) is required to be provided to the City Clerk and Planning & Zoning one (1) week prior to the first public hearing. Page 30 of 142 7-Eleven Gas Station (COUS 19-001 /MSPM 19-006) Conditions of Approval Page 2 of 2 3. Ice machines, if proposed, should be placed on the south side of the building along with the other proposed vending machines, subject to the 42 inches clear path requirement. X 4. The proposed landscaping around the 12 ft. tall fuel vents (36" HT Florida Privet and existing palm trees) shall be of sufficient height to effectively and completely screen the vents from the adjacent right- of-way at time of planting. There is a lack of screening between the X top edge of the 36 inch tall Florida Privet and the bottom edge of the existing palm trees. At time of permit submittal, please demonstrate the vent pipes will be completely screened. 5. The height of landscaping around the legal conforming pylon sign shall be of sufficient height to screen both poles from grade to the bottom edge of the Synergy cabinet sign at time of planting. More specifically, there should not be no open space between the X landscaping and the bottom of the sign cabinet, along the full width of the sign cabinet. 6. The building setback labels on the site plan shall be corrected to be consistent with setback labels indicated on the Site Data Table at time of permitting. COMMUNITY REDEVELOPMENT AGENCY Comments: Not applicable. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined CITY COMMISSION CONDITIONS Comments: To be determined. Page 31 of 142 7-Eleven Gas Station (COUS 19-001 /MSPM 19-006) Conditions of Approval Page 3 of 2 ADDITIONAL REPRESENTATIONS/ COMMITMENTS The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\7-Eleven 4798 N.Congress Ave\ExhibitD_COUS 19-001 MSPM 19-006-COA.doc Page 32 of 142 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 7-Eleven Gas Station (MSPM19-006/ COUS 19-001) APPLICANT: Grant Distel, of 7-Eleven, Inc. APPLICANT'S ADDRESS: 900 SW Pine Island Road #202, Cape Coral, FL 33991 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 18, 2019 APPROVAL SOUGHT: Request for approval of Conditional Use and associated Major Site Plan Modification for the construction of a gas station to include a 2,540 sq. ft. convenience store, a 3,096 sq. ft. gas station canopy composed of six (6) pump stations, and related site amenities and improvements. LOCATION OF PROPERTY: 4798 N. Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\7-Eleven 4798 N. Congress Ave\MSPM19-006_DO.doc Page 33 of 142 7.7.B. New Business 5/28/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 5/28/2019 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Review the proposed Sustainable Development Standards. EXPLANATION OF REQUEST: In the fall of 2017, city staff assembled a Sustainability Committee and began meeting bimonthly to initiate a revision to the City's Climate Action Plan (CAP) and review departmental Action Plan responsibilities. Planning staff took the lead on developing a new section of the Land Development Regulations (LDR)titled "Sustainable Development Standards" to achieve the above-stated CAP objective and further the depth and quality of the City's environmentally-sensitive standards. Over the past seven months, Planning &Zoning staff and the Sustainability Coordinator worked together on the following tasks: 1. Reviewed existing sections of the LDR that address aspects of sustainability (e.g., urban design, landscape design, lighting, transportation and parking, water conservation, and stormwater management); 2. Reviewed other cities' regulations for best practices in requiring or incentivizing sustainable development; and 3. Drafted a list of sustainable site and building design features, and an associated point system, to ensure that developments meet a required threshold for sustainable design. The intent of the Sustainable Development Standards is to require new development and redevelopment projects to utilize a level of site and building design options that conserve energy, promote a healthy sustainable landscape, support public health and safety, and otherwise increase the development's sustainability. The standards ensure that developers implement"green" practices above and beyond the City's existing Code requirements, yet allow them to choose which specific practices they will implement to achieve the required number of points. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Non-budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No Page 34 of 142 CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Exhibit Exhibit A® Sustainable Development Regulations Page 35 of 142 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-017 TO: Chair and Members Planning and Development or THRU: Ed Breese Planning andZ�ojng Administrator FROM: Rebecca Harvey, Sustainability Coordi or Amanda Bassiely, Principal Planner DATE: May 6, 2019 PROJECT NAME: Sustainable Development Standards C 19-005 REQUEST: Review the proposed Sustainable Development Standards The City has prioritized environmental sustainability since 2008 with the creation of a Green Task For and Green Community Alliance, and the adoption of its first Climate Action Plan (CAP) and Greenhouse Gas Emissions Inventory in 2010. Objective 4.5.2 of the 2010 Climate Action Plan is to "Revise the Land Development Regulations (LDRs)as needed for policy and short-term land development decision-making that supports the CAP." The first recommended action to achieve this objective is to "Govern the City by'green' or's ustai nable' Land Development Regulations with different'tiers' (for example, for single family, multi-family, commercial) of design criteria to provide a variety of incentives to landowners/developers." In fall 2017, the staff Sustainability Committee began meeting on a bimonthly basis to initiate a CAP revision and review departmental responsibilities for CAP actions. Planning staff took the lead on developing a new section of the LDRs, titled "Sustainable Development Standards"to achieve the above-stated CAP objective. Over the past seven months, Planning staff and the Sustainability Coordinator have worked together on the following tasks: 1) Review existing sections of the City's LDRs that address aspects of sustainability(e.g., urban design, landscape design, lighting, transportation and parking, water conservation, and stormwater management) 2) Review other cities' regulations for requiring or inoentivizing sustainable development 3) Draft a list of sustainable site and building design features, and an associated point scale, to ensure that developments meet a required threshold for sustainable design The intent of the Sustainable Development Standards is to require new development and redevelopment projects to utilize a level of site and building design options that conserve energy, promote a healthy sustainable landscape, support public health and safety, and otherwise increase the development's sustainability. The standards ensure that developers implement"green" practices above and beyond the City's existing Code requirements, yet allow them to choose which specific practices they will implement to achieve the required number of points. Page 36 of 142 To comply with the Sustainable Development Standards, all projects must incorporate specific required design features (i.e., it roof, outdoor lighting, butterfly attracting landscape material, and electric vehicle charging stations). Beyond that, new developments must meet a specified point total by selecting a number of design options across five categories: • Energy • Recycling &Waste Reduction • Water Conservation & Management • Urban Nature • Transportation The point requirements are tiered based on size and type of development such that larger developments, mixed use and planned unit residential, and nonresidential developments must obtain higher numbers of points. Please note that it is not the intent of the standards to provide comprehensive scientific or technical information about sustainability best practices, nor to be an all-inclusive list of sustainable design methods. Applicants are encouraged to propose other sustainable design options, especially those that may relate better to their development. S.,kPlanningkSHAREDI WPISPECPROJkCODE REVIEMCDRV 19-005 Sustainable Development Standards%DRAF'r—SDS staff memo to PD Board.doex Page 37 of 142 EXHIBIT A Part III,CHAPTER 4,ARTICLE XII. SUSTAINABLE DEVELOPMENT STANDARDS Section 1. General A. Purpose and Intent. The purpose and intent of these standards is to promote sustainable development practices as a means of addressing global climate change, protecting natural resources, and ensuring a high quality life for existing and future residents. More specifically, it is intended to require new development and redevelopment projects to utilize a level of site and building design options that conserve energy, promote a healthy, sustainable landscape, support public health and safety, and otherwise increase the development's overall sustainability. B. Applicability. All applications for approval of a New Site Plan, Major Site Plan Modification, or Minor Site Plan Modification (resulting in an increase, or replacement, of building square footage by 5,000 square feet or more), involving multifamily and planned unit residential, nonresidential, and mixed use development shall incorporate a sufficient number of sustainable design options from Table 3-1, Sustainable Development Options and Points,to demonstrate achievement of the minimum number of points required below: 1. Multifamily residential development consisting of a minimum of 3 dwelling units and up to 25 shall achieve at least 15 points. 2. Multifamily residential development consisting of more than 25 dwelling units shall achieve at least 20 points. 3. Mixed Use and Planned Unit residential development consisting of a minimum of 3 dwelling units and up to 20 shall achieve at least 15 points. 4. Mixed Use and Planned Unit residential development consisting of a minimum of 21 dwelling units and up to 50 shall achieve at least 20 points. 5. Mixed Use and Planned Unit residential development consisting of more than 50 units shall achieve at least 25 points. 6. Nonresidential development of a size less than one (1) acre shall achieve at least 20 points. 7. Nonresidential development of a size greater than one (1) acre shall achieve at least 25 points. C. Exemptions. 1. Interior renovations to existing buildings and structures; 2. Construction of single-family or duplex dwelling unit on an individually platted lot within single-family or two-family residential districts; and 3. Buildings exempt from local building permits or governmental review pursuant to state or federal statutes. D. Sustainable Development Options. Table 3-1, Sustainable Development Options and Points, sets forth a range of sustainable site and building design features and the number of points achieved by incorporating each design feature (or specified levels of the design feature). 1 Page 38 of 142 EXHIBIT A Section 2. Required Sustainable Development Standards (Table 2-1) 1. Required Sustainable Development Standards Outdoor Utilization of Warm White LED lighting for parking lots, Pathway lighting, Lighting accent lighting and exterior building lighting. Butterfly The Landscape Plan is designed to utilize a minimum of 5%butterfly Attracting attracting shrubs and trees in the planting scheme,with a minimum of Landscape three different species of plant material. Material Electric Provision of a Level 2 charging station capable of servicing two parking Charging spaces for every fifty(50) dwelling units, or fraction thereof, in Stations residential developments and one (1) Per every 50,000 square feet of non-residential development. White Roof Required for all projects utilizing flat surfaces, roof must be white. Section 3. Sustainable Development Options and Points (Table 3-1) 1. ENERGY Heat Island The use of any combination of the following strategies for 50%of the Reduction non-roof impervious site (including road, parking lots, driveways, sidewalks and courtyards). • Provision of shade within parking/pedestrian areas from open 2 structures, such as pergolas, covered walks, parking lot sunshades, etc., with a Solar Reflectance Index (SRI) of 29, as demonstrated by the manufacturer or the architect or engineer of record. • Use of only paving materials with a Solar Reflectance Index(SRI) 4 of 29, as demonstrated by the manufacturer or the architect or engineer of record. • Use of only canopy trees within, and along the perimeter of 6 parking lots,following the regulations in the Landscape Code for "Large Landscape Islands". Efficient All air conditioners are Energy Star qualified. Minimum SEER 16. 2 Cooling Efficient At least 75%of hot water on premises is heated via Energy Star Certified 2 Water water heaters or solar water heaters. Heating Cool Roof Use roofing materials that have a Solar Reflectance Index (SRI) �75 for 2 low-sloped roofs (<2:12) or 25 for steep-sloped roofs(>2:12)for a minimum of 75%of the roof surface. 2 Page 39 of 142 EXHIBIT A Building Utilization of white or cool light colors for the body of buildings to reflect 2 Color rather than absorb heat and reduce cooling costs. Accent and trim colors are not limited to these choices. Shade Where not required per code: structures Provision of shade structures over windows/doors to minimize glare and for unwanted solar heat gain. Buildings i Structures such as awnings, screens, louvers, or other architectural 4 devices shall cover a minimum of 50°%of glazed openings. Additional points for each additional 25%of glazing shaded. 6 Skylights The primary building is constructed with skylights that provide at least 1 10%of the light necessary for daily use on the story on which the skylights are located. Renewable A portion of the energy used by 15%minimum 4 Energy the primary building is 30% minimum 8 generated using solar panels,'; 45% minimum 12 wind turbines, or other renewable source located onsite. Solar Install solar water heating rather than gas or electric. 2 Heated Pool Lighting Provide energy efficient lighting such as LED lighting for building interiors 1 for 100°%of proposed righting. Energy star All appliance with in a building are 100%energy star. 2 appliances Insulation Provide increased insulation to achieve a minimum R-19 in walls and R- 2 38 in the ceiling. 2. Recycle&Waste Reduction Recycle For all new roadways, parking lots,sidewalks, and curbs. 2 Contentin infrastructure Building A minimum of 50%of the building materials used are to be green 2 Material materials, recycled, locally-produced materials, or sustainably- harvested wood. Recycle Recycle chute(s) in Mixed Use Districts and dumpster, which include a 1 station recycle station. dumpster area 3 Page 40 of 142 EXHIBIT A 3. Water Conservation &Management Reuse Utilization of reuse water for irrigation. 2 Water Rain The development includes rain gardens designed with native plants Gardens material installed in a sand/soil matrix soil bed with a mulch cover layer. Bio-swale or Bio- Commercial: consisting of a minimum of 1,000 square feet 3 retention System) Multifamily or Mixed Use with less than 50 units : consisting of a 2 minimum of 500 square feet. Multifamily or Mixed Use with more than 50 units : consisting of a 3 minimum of 1,000 square feet. Rain Water At least 75%of rain water from the roofs of structures is captured and 2 Reuse recycled for landscape irrigation. Permeable Permeable surfacing materials are 25%minimum 4 Parking used for some or all of surface 50% 'minimum 6 Surfaces parking areas. 75%minimum 8 Permeable Permeable or acceptable natural surfacing materials are used for all 2 Sidewalk sidewalks. Surfaces Vault Utilize a vault system for stormwater management to maximize usable 3 System open space on urban sites. 4. URBAN NATURE Green Roof At least 50%of the total surface area of the principal building's roof is a 4 green roof constructed in accordance with ASTM green building" standards. At least 75%of the total surface area of the principal building's roof is a 5 green roof constructed in accordance with ASTM green building standards. The total surface area of the principal building's roof is a green roof 6 constructed in accordance with ASTM green building standards. Green Wall Provide a minimum of 300 square feet of an irrigated vegetated wall, 3 which is visible from right-of-way or private amenities. Provide a minimum of 600 square feet of an irrigated vegetated wall, 4 which is visible from right-of-way or private amenities. 4 Page 41 of 142 EXHIBIT A Provide an entire facade(over 600 square feet) of an irrigated vegetated 5 wall, which is visible from right-of-way or private amenities. Nature Path Public pedestrian and/or bicycle access to natural elements is provided 1 or Trail by a bike or pedestrian path or trail that is at least one-fourth mile long and does not intrude on or unduly harm existing natural features. Public pedestrian and/or bicycle access to natural elements is provided 2 by a bike or pedestrian path or trail that is at least one-half mile long and does not intrude on or unduly harm existing natural features Parking At least 50%of the total surface area of the top of the parking structure 4 Structure, is a green roof or green wall. Green At least 75%of the total surface area of the top of the parking structure 6 is a green roof or green wall. The total surface area of the top of the parking structure is a green roof 8 or green wall. Tree Provide canopy trees in an amount that exceeds the minimum number 2 Canopy of required trees by 10%. Provide canopy trees in an amount that exceeds the minimum number 3 of required trees by 15%. Provide canopy trees in an amount that exceeds the minimum number 4 of required trees by 20%. Provide canopy trees in an amount that exceeds the minimum number 5 of required trees by 25%. Community Within residential or mixed use proiects, the dedication of permanent 3 Garden and viable growing space and related facilities (such as greenhouses) at a minimum of 10 square feet per unit, and including the provision of fencing,watering system, soil, and secured facilities garden tools/equipment. Habitat Using only native or Florida Friendly plant species, restore pre- 4 Restoration development native habitat on the project site in an area equal to or greater than 10%of the development footprint, working with a Landscape Architect to ensure that restored areas feature waterwise, native and drought tolerant plants. Minimum Provision of usable common open space in excess of code requirements Open Space by up to 20%.The designed space shall not have any dimensionless than 4 75 feet. 5 Page 42 of 142 EXHIBIT A S. TRANSPORTATION Parking At least 75%of the development's total number of required off-street 2 Structure parking spaces is contained in a parking deck or garage. Electric Provide two (2) over the required number of electric car charging 2 Charging stations. Stations Provide four (4) over the required number of electric car charging 4 stations. Facilities for • Indoor or self-contained bicycle storage lockers equal to a 2 Bicycle minimum of 3%of the vehicle parking spaces required with the Commuters non-residential development. 4 • Shower and dressing area for the employees, in addition to the above. 6. Other Sustainable Development Opportunities Other The development includes other green features that conserve energy, Up to 6 promote a healthy landscape, support public health and safety, or increase sustainability—points to be awarded at the discretion of the Development Director. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 19-005 Sustainable Development Standards\SUSTAINABLE DEVELOPMENT STANDARDS-PD.docx 6 Page 43 of 142 7.7.C. New Business 5/28/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 5/28/2019 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve amendments to the Land Development Regulations, Chapter 4, Site Development Standards, Article I, Environmental Protection Standards, Section 4, Standards, to create regulations requiring proper application of fertilizer to protect water bodies, and amendments to Chapter 1, Article 11, Definitions, to add corresponding definitions. Applicant: City-initiated. EXPLANATION OF REQUEST: The Florida Department of Environmental Protection (FDEP) requires that all National Pollution Discharge Elimination System (NPDES) permittees operating municipal stormwater systems adopt a local ordinance that regulates how and when fertilizer can be applied to all properties (i.e. residential, commercial, institutional, and recreational), utilizing best management practices, and requiring commercial/institutional fertilizer applicators to complete a mandatory training program. The purpose of these regulations is to improve and protect the quality of our water bodies through the reduction of algae bloom and accelerated growth of aquatic weeds caused by the introduction of phosphorous and nitrogen, resulting from improper fertilizer application. The attached ordinance is based upon a model that was provided by FDEP and that has already been adopted by several municipalities in Palm Beach County. FDEP has reviewed the attached draft prepared by staff and approved it as to form and sufficiency. Adoption of the ordinance will satisfy the NPDES permit condition initiated by FDEP. The suggested amendments can be best described below: 1. Prohibition of fertilizing when a) the ground is saturated, b) a Flood Watch or Warning, a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect, or c) heavy rain (2 inches or more within a 24 hour period) is likely; 2. Creation of"Fertilizer Free Zones", which limits the application of fertilizer within ten (10) feet of any water body, or three (3) feet if a deflector shield or drop spreader is utilized; and 3. Requires proof of licensing of Commercial Applicators by the Florida Department of Agriculture and Consumer Services prior to receiving Business Tax approval to operate within the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None rcommended. STRATEGIC PLAN: Page 44 of 142 STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Ordinance Exhibit A- Ordinance D Amendment Exhibit B ® I-DR Insertion Page 45 of 142 ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 19-015 TO: Chair and Members Planning& Development Board FROM: Ed Breese Planning and Zoning Administrator DATE: April 11, 2019 RE: Approve proposed code language establishing fertilizer use regulations (CDRV 19- 004) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 4. Site Development Standards, Article I. Environmental Protection Standards, Section 4. Standards, to create use regulation for proper application of fertilizer to protect water bodies within the City, commonly referred to as the "Florida Friendly Fertilizer Use Ordinance", and Chapter 1, Article 11. Definitions. Applicant: City- initiated EXPLANATION The Environmental Protection Agency (EPA), as part of the Clean Water Act, adopted rules known as the National Pollution Discharge Elimination System (NPDES) for owners/operators of municipal stormwater systems. In Florida, the Department of Environmental Protection (FDEP) is tasked with the oversight and permitting of such systems. The City falls underneath a regional NPDES permit that includes the Palm Beach County government, municipalities and several improvement districts. In an effort to minimize the amount of nitrogen and phosphorous being discharged into local water bodies, the FDEP requires that all NPDES permittees adopt a local ordinance that regulates how and when fertilizer can be applied for all properties (residential, commercial, institutional, and recreational), utilizing best management practices, and requiring commercial/institutional fertilizer applicators to complete a mandatory training program. The purpose of these regulations is to improve and protect the quality of our water bodies through the reduction of algae bloom and accelerated growth of aquatic weeds caused by the introduction of phosphorous and nitrogen, resulting from improper fertilizer application. The attached ordinance is based upon a model that was provided by FDEP and that has already been adopted by several of the municipalities in Palm Beach County. FDEP has reviewed the attached draft prepared by staff and approved it as to form and sufficiency. Adoption of the ordinance will satisfy the NPDES permit condition initiated by FDEP. The suggested amendments can be best described below: Page 46 of 142 Florida Friendly Fertilizer Ordinance (CDRV 19-004) Memo PZ No.19-015 1. Prohibition of fertilizing when 1) the ground is saturated, 2) a Flood Watch or Warning, a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect, or 3) heavy rain (2 inches or more within a 24 hour period)is likely. 2. Creation of"Fertilizer Free Zones", which limits the application of fertilizer within ten (10) feet of any water body, or three (3)feet if a deflector shield or drop spreader is utilized. 3. Proof of licensing of Commercial Applicators by the Florida Department of Agriculture and Consumer Services prior to receiving Business Tax approval to operate within the City. (see Attachments "A" & `B" for greater detail of the proposed regulations) The City's Stormwater Utility division of the Utilities Department will prepare a flyer to be placed in an upcoming utility bill mailing to inform the general public of the new regulations, as well as post information regarding the new regulations on the City's website. CONCLUSION/RECOMMENDATION Staff recommends adoption of these amendments to the City code to comply with the FDEP conditions attached to the NPDES permit. Attachments S:APlanning\SHARED\WP\SPECPRO.ECODEREVIEW\CDRV 19-004\StaffReport.doc -2 - Page 47 of 142 ORDINANCE NO. 19- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, CHAPTER 4, SITE DEVELOPMENT STANDARDS, ARTICLE I, ENVIRONMENTAL PROTECTION STANDARDS AND CHAPTER 1, ARTICLE II, DEFINITIONS; ESTABLISHING FERTILIZER USE REGULATIONS AND ASSOCIATED DEFINITIONS PURSUANT TO THE REQUIREMENTS OF FLORIDA STATUTES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 303(d) of the federal Clean Water Act and the resulting Florida Impaired Waters Rule (Chapter 62-303, Florida Administrative Code [F.A.C.]), the Florida Department of Environmental Protection (FDEP) has classified specific water bodies in Palm Beach County as "impaired" as a result of the presence of excessive nutrients; and WHEREAS, Florida Statute, Section 403.9337 requires local governments located within the watershed of a water body or water segment that is listed as impaired by nutrients pursuant to Florida Statute, Section 403.067, adopt an ordinance for Florida- FriendlyTM fertilizer use on urban landscapes; and WHEREAS, the FDEP on the 8th day of September 2016, issued its Palm Beach County Municipal Separate Storm Sewer System Permit No. FLS 000018-004 (hereinafter referred to as the "MS4 Permit") to forty (40) governmental entities including the City of Boynton Beach; and Page 48 of 142 WHEREAS, the MS4 permit requires local governments within the watershed of a nutrient impaired water body to adopt FDEP's Model Ordinance for Florida Friendly Fertilizer Use on Urban Landscapes or an Ordinance that includes all the requirements set forth in the Model Ordinance; and WHEREAS, surface water runoff and base flow runoff leaves residential neighborhoods, commercial centers, industrial areas, and other lands of Palm Beach County and enters into natural and artificial stormwater and drainage conveyances and natural water bodies in Palm Beach County; and WHEREAS, phosphorus and nitrogen, the primary nutrients associated with the degradation of surface water, are commonly the primary components of fertilizer for turf and landscape application; and WHEREAS, the quality of streams, lakes, and wetlands is important to environmental, economic, and recreational prosperity and to the health, safety, and welfare of the residents of Palm Beach County; and WHEREAS, algae blooms and accelerated growth of aquatic weeds in Palm Beach County's water bodies have heightened community concerns about water quality and eutrophication of surrounding waters; and WHEREAS, it is generally recognized that Eastern Palm Beach County soils naturally have adequate phosphorus content for most vegetative needs and that additional phosphorus is therefore only occasionally needed to create or maintain a vibrant landscape; and WHEREAS, it has been recognized that proper application of slow-release nitrogen sources is more efficiently used by plants and less likely to leach or runoff; and Page 49 of 142 WHEREAS, this Ordinance is part of a regulatory program to address nonpoint sources of nutrient pollution which is scientifically based, and economically and technically feasible; and WHEREAS, in the process of adoption of this Ordinance, the City of Boynton Beach has considered scientific information, including input from the Department of Environmental Protection, the Department of Agriculture and Consumer Services, and the University of Florida Institute of Food and Agricultural Sciences. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BOYNTON BEACH, FLORIDA, THAT: SECTION 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. SECTION 2. Chapter 1, Article II of the Land Development Regulations entitled "Definitions" is hereby amended as follows: Definitions (LDR, Chapter 1, Article II): APPLICATION or APPLY-The actual physical deposition of fertilizer to turf or landscape plants. APPLICATOR - Any person who applies fertilizer on turf and/or landscape plants in the City of Boynton Beach. APPROVED TEST - A soil test from the University of Florida, government, or other commercial licensed laboratory that regularly performs soil testing and recommendations. BEST MANAGEMENT PRACTICES (BMPs) - Turf and landscape practices or combination of practices based on research, field-testing, and expert review, determined Page 50 of 142 to be the most effective and practical site-specific means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources. COMMERCIAL FERTILIZER APPLICATOR- Except as provided in section 482.1562(9), Florida Statutes (F.S.), any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicators. COMMUNITY STANDARDS OFFICER, OFFICIAL, or INSPECTOR - Any designated employee or agent of the City of Boynton Beach whose duty it is to enforce codes and ordinances enacted by City of Boynton Beach. FERTILIZER - Any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil. FERTILIZING or FERTILIZATION - The act of applying fertilizer to turf, specialized turf, or landscape plants. INSTITUTIONAL APPLICATOR -Any person, other than a private, non-commercial or a Commercial Applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional Applicators shall include, but shall not be limited to, owners, managers, or employees of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership. LANDSCAPE PLANT - Any native or non-native tree, shrub, or groundcover (excluding turf). Page 51 of 142 PASTURE - Land managed for livestock grazing. PROHIBITED APPLICATION PERIOD - The time period during which a Flood Watch or Warning, a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any portion of City of Boynton Beach, issued by the National Weather Service, or if heavy rain (2 inches or more within a twenty-four (24) hour period) is likely. SATURATED SOIL - A soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this Ordinance, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water. SLOW-RELEASE, CONTROLLED RELEASE, TIMED RELEASE, SLOWLY- AVAILABLE, or WATER INSOLUBLE NITROGEN - Nitrogen in a form which delays its availability for vegetative uptake and use after application, or which extends its availability to the vegetation longer than a reference rapid or quick release product. TURF, SOD, or LAWN - An area of grass-covered soil held together by the roots of the grass. URBAN LANDSCAPE - pervious areas on residential, commercial, industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or landscape plants. For the purposes of this section, agriculture has the same meaning as provided in section 570.02, F.S. SECTION 3. FINDINGS: As a result of the Florida Department of Environmental Protection's determination that certain water bodies within Palm Beach County are impaired for excessive nutrient levels, the City of Boynton Beach finds that the best management practices contained in the most recent edition of the "Florida-Friendly Best Management Practices for Protection Page 52 of 142 of Water Resources by the Green Industries", are required and are necessary to implement within the City as set forth herein. SECTION 4. PURPOSE AND INTENT: This Ordinance regulates the proper use of fertilizers by any applicator; requires proper training of commercial and institutional fertilizer applicators; establishes training and licensing requirements; establishes a prohibited application period; and specifies allowable fertilizer application rates and methods, fertilizer-free zones, and exemptions. This Ordinance requires the use of Best Management Practices to minimize negative environmental effects associated with excessive nutrients in our water bodies. These environmental effects have been observed in and on Palm Beach County's natural and constructed stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water bodies. Collectively, these water bodies are an asset important to the environmental, recreational, cultural and economic well-being of Palm Beach County residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, is anticipated to help improve and maintain water and habitat quality. SECTION 5. APPLICABILITY: This Ordinance shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer to urban landscapes within the City of Boynton Beach, unless such application is specifically exempted by Section 11 of this Ordinance. This Ordinance shall be prospective only, and shall not impair any existing contracts. Page 53 of 142 SECTION 6. TIMING OF FERTILIZER APPLICATIONS. A. No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the Prohibited Application Period or to saturated soils. B. Fertilizer containing nitrogen and/or phosphorus shall not be applied before seeding or sodding a site, and shall not be applied for the first thirty (30) days after seeding or sodding, except when hydro-seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.), or in accordance with the Stormwater Pollution Prevent Plan for that site. SECTION 7. FERTILIZER FREE ZONES: Fertilizer shall not be applied within ten (10) feet, or three (3) feet if a deflector shield or drop spreader is used, of any pond, stream, water body, lake, canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter 62-340), F.A.C. or from the top of a seawall or lake bulkhead. Newly planted turf or landscape plants may be fertilized in this zone only for a sixty (60) day period beginning thirty (30) days after planting, if needed, to allow the vegetation to become well established. Caution shall be used to prevent direct deposition of fertilizer into the water. SECTION 8. FERTILIZER CONTENT AND APPLICATION RATES: A. Fertilizers applied to turf within the City of Boynton Beach shall be applied in accordance with requirements and directions provided by Rule 5E-1.003(2), F.A.C., "Labeling Requirements for Urban Turf Fertilizers". Under Rule 5E- 1.003(2), F.A.C., required application rate and frequency maximums, which vary by plant and turf types, are found on the labeled fertilizer bag or container. Page 54 of 142 B. Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as provided in subsection A. above for turf, or in OF/IFAS recommendations for landscape plants, vegetable gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an approved test. C. Fertilizer used for sports turf at golf courses shall be applied in accordance with the recommendations in "Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses", published by the Florida Department of Environmental Protection, dated January 2007, as may be amended. Fertilizer used at park or athletic fields shall be applied in accordance with Rule 5E-1.003(2), F.A.C. SECTION 9. FERTILIZER APPLICATION PRACTICES: A. As required in Section 7 of this Ordinance, spreader deflector shields shall be used when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer-free zones and water bodies, including wetlands. Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable. B. Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container. C. In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. Page 55 of 142 D. Property owners and managers are encouraged to use an Integrated Pest Management (IPM) strategy as currently recommended by the University of Florida Cooperative Extension Service publications and to utilize the plant selection and landscape design standards of the OF/IFAS Florida-Friendly Landscape Program. SECTION 10. MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATTER: In no case shall grass clippings, vegetative material, and/or vegetative debris intentionally be washed, swept, blown, or otherwise deposited onto or into stormwater drains, drainage ditches or conveyances, water bodies, wetlands, sidewalks or roadways. Any material that is accidently deposited shall be immediately removed to the maximum extent practicable and disposed of in accordance with applicable codes and regulations. SECTION 11. EXEMPTIONS: The provisions set forth above in this Ordinance shall not apply to: (a) bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14 F.S.; (b) other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock; (c) any lands used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture. SECTION 12. TRAINING: A. All commercial and institutional applicators of fertilizer within the City of Boynton Beach shall abide by and successfully complete the six-hour training Page 56 of 142 program in the "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida/Palm Beach County Cooperative Extension Service "Florida-Friendly Landscapes" program or an approved equivalent program. B. Non-commercial and non-institutional applicators not otherwise required to be certified, such as private citizens on their own residential property, are encouraged to follow the recommendations of the University of Florida/IFAS "Florida-Friendly Landscape Program" and label instructions when applying fertilizers. SECTION 13. LICENSING OF COMMERCIAL APPLICATORS: A. All businesses applying fertilizer to turf or landscape plants (including, but not limited to, residential lawns, golf courses, commercial / industrial properties, and multi-family and condominium properties) must ensure that the business owner or his/her designee holds the appropriate "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a Local Business Tax Certificate. Owners for any category of occupation which may apply any fertilizer to Turf and/or Landscape Plants shall provide proof of completion of the program to the City of Boynton Beach Business Tax Office. It is the responsibility of the business owner to maintain the "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries"certificate to receive their Business Tax Receipt annually. Page 57 of 142 B. After March 31, 2019, all commercial applicators of fertilizer within the City of Boynton Beach shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per Rule 5E-14.117(18), F.A.C. C. All businesses applying fertilizer to turf and/or landscape plants (including, but not limited to, residential lawns, golf courses, commercial / industrial properties and multi-family and condominium properties) must ensure that at least one (1) employee has an appropriate "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a business tax certificate. SECTION 14. ENFORCEMENT: The provisions of this Ordinance shall be enforced by (1) the City of Boynton Beach Code Enforcement Board or Special Master pursuant to the authority granted by Section 162.01 et. seq., F.S., as may be amended and the City of Boynton Beach Code of Ordinances, as may be amended, or (2) the City of Boynton Beach through its authority to enjoin and restrain any person violating the City of Boynton Beach Code of Ordinances through the prosecution of violations in the name of the State of Florida pursuant to the authority granted by Section 125.69, F.S., as may be amended. The City of Boynton Beach may also pursue any other enforcement remedies available at law or in equity. SECTION 15. PENALTIES: A. Failure to comply with the requirement of this Ordinance shall constitute a violation of this Ordinance and shall be punishable by a fine not to exceed $250 Page 58 of 142 per incident for the violation or a fine not to exceed $500 per incident for a repeat violation, and, in addition, may include all costs of repairs and remediation including administrative costs. Each new day the violation exists it is considered a separate incident. B. In determining the amount of fines that should be imposed, the Code Enforcement Board or Special Master shall consider the following factors: (1) the gravity of the violation; (2) Any actions taken by the violator to correct the violation; and (3)Any previous violations committed by the violator. If determined the violation is irreparable or irreversible in nature, a fine not to exceed $15,000 per violation may be imposed. SECTION 16. APPEAL: An aggrieved party, including the City of Boynton Beach, may appeal a final administrative order of the Code Enforcement Board or Special Master to the circuit court. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Board or Special Master. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. SECTION 17. Each and every other provision of the Code of Ordinances not herein specifically amended, shall remain in full force and effect as originally adopted. SECTION 18. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. SECTION 19. Page 59 of 142 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 the Ordinance. SECTION 20. Authority is hereby given to codify this Ordinance. SECTION 21. This Ordinance shall become effective immediately upon approval on second reading. FIRST READING this day of 2019. SECOND, FINAL READING AND PASSAGE this day of , 2019. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor— Vice Mayor— Commissioner— Commissioner— Commissioner— ATTEST: ommissioner—Commissioner—Commissioner— ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) Page 60 of 142 EXHIBIT B ",)Sec. 4. Standards. The following standards shall be considered in order to ensure the protection of existing vegetation: A. General. 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 requirements and all other applicable regulations shall be fully complied with as minimum standards. No tree shall be removed from any city property, lands, public park, or any areas within a city right-of- way except in accordance with the provisions of this article. High-quality areas placed in preservation shall be retained in entirety in their current or improved natural state, and protected in perpetuity regardless of ownership. This requirement may be negotiated to create contiguous preservation among plant communities. During the site plan review process, the applicant shall be required to prove that the highest ecologically valued land is being retained first. If the preservation of the highest ecological valued land produces undue burden on the development of the site, it shall be the applicant's responsibility to prove such hardship and provide an acceptable alternative for approval. Rights-of-way and areas determined to be future rights-of-way in the Comprehensive Plan and utility or drainage easements shall not be allowed as designated set-aside areas. B. Preservation Efforts. 1. Beach Dunes. The natural vegetative cover on beach dunes shall be preserved in an undisturbed state of growth as a fragile ecosystem. No beach dune vegetation, grass, sea grape, and tree development shall be altered, removed, or changed except in accordance with federal, state, county, and local regulations. 2. Mangrove Areas. Well-documented scientific research has established that mangrove areas are the ecological base of the biological food chain for many important species, including some species of fish that are important for sport and commercial fishing. Mangrove trees, which are of considerable aesthetic value, also serve as protection against storm surge as well as provide a habitat/shelter for birds and other wildlife. For these reasons, land development and construction thereon, shall be conserved to the maximum extent possible and only altered in accordance with federal, state, county, and local regulations. 3. Specimen Tree Designation. The Director of Development may, by written request to the City Manager, recommend from time to time the official designation of certain trees located within the city as specimen trees. If the City Manager approves such recommendation, the matter shall be presented to the City Commission for final determination. The city shall notify by certified mail the affected property owner of the proposed hearing. The City Commission Page 61 of 142 shall accept, modify or deny the staff recommendation. Any proposal to remove a specimen tree shall be mitigated in accordance with Section 2.C. below. 4. Environmentally Sensitive Lands. a. General. The purpose and intent of this section is to preserve and protect the values and functions of environmentally sensitive lands from alterations that would result in the loss of these lands or significant degradation of their values and functions. b. Applicability. This subsection applies to all properties that contain environmentally sensitive lands with an "A", "B", or "C" rating as pursuant to Table 2 of the Conservation Element of the Comprehensive Plan. c. Standards. The following standards shall promote the preservation of natural resource sites: (1) If the property proposed for development is greater than ten (10) acres, or is a portion of a larger tract containing ten (10) or more acres of environmentally sensitive lands designated as an "A" rated site, the developer shall be required to preserve a minimum of twenty- five percent(25%) of all native plant communities on the site in one (1)unified preserve. Habitat shall be preserved with intact canopy, understory and ground cover. (2) If the property proposed for development is greater than ten (10) acres and has been designated as a "B" or "C" rated site, the developer shall be required to preserve a minimum of twenty-five percent(25%) of all native plant communities on the site. The preserve areas may be separated into micro preserves. Habitat shall be preserved with intact canopy, understory and ground cover. (3) Natural resource sites identified in Table 2 of the Conservation Element of the Comprehensive Plan and that exceeds ten (10) acres shall be subject to the twenty-five percent (25%)preserve area set aside notwithstanding subdivision into smaller parts. (4) The specific location of the preservation area shall be determined during the review of a master plan or site plan. If no master plan or site plan is required, then such determination shall occur during the review of the proposed plat. The ultimate area to be preserved shall be indicated on the approved plan and any corresponding plat. In determining the most appropriate location for the preserve area within the site, the city shall consider factors, which include, but are not limited to the following: proximity of the preserve area to developed and undeveloped property; potential for immediate or future consolidation with environmentally sensitive lands on abutting properties; ability to maintain the preserve area based upon surrounding development and land uses; and the recommendations of staff or any consultants retained by the city. The preserve area shall be maintained in accordance with a city approved preserve area management plan. C. Mitigation ofExisting Trees (Table 4-1 Mitigation ofExisting Trees). All existing trees that are not preserved in place or relocated on-site shall be mitigated in connection with a land development permit. The equivalent replacement for existing trees shall be based on caliper dimension or type of tree as indicated in the table below: Page 62 of 142 Type of Replacement Tree Type of Existing Tree Canopy Canopy Tree Large Small & Tree (> 24" Palm Medium (< 24" i Size Palm Caliper) Caliper) Tree Trees Canopy Tree (< 24" Caliper) 1 tree 1 tree 2 trees 3 trees 3 Canopy Tree (>24" Caliper) 1 tree 1 tree 4 trees 3 trees 3 Large Palm Tree 1 tree 1 tree 1 tree 3 trees Small & Medium Size Palm Trees 1 tree 1 tree 1 tree 1 tree ' Large palm trees are those species, such as Florida Royal, Canary Island Date,or any other palm species determined by staff to provide similar or greater shading compared to a canopy tree. 2 The cumulative caliper inches of existing trees to be removed shall be replaced on-site with an equal or greater number of caliper inches of a replacement canopy tree or trees. s A cluster of three(3)small or medium size palm trees shall be the equivalent replacement of one(1)canopy tree up to a size of 24 caliper inches. One additional cluster of palm trees shall be required for each increment of four(4) caliper inches(the common mathematical rule of rounding shall be used when tabulating partial increments).For canopy trees having a trunk size equal to or greater than 24 caliper inches,no more than 50%of the caliper inches of the replaced canopy tree shall be substituted with palm species. D. Forestry Practices and Procedures. 1. General. The Director of Planning and Zoning or designee shall use "The Urban Forestry Manual (L)-Trees and Construction", United States Department of Agriculture Forest Service, 2005 edition or latest supplement thereof as the arboricultural standard when determining which forestry practice or procedure to apply when reviewing the following types of activities: 1) any proposal to relocate, replace, or remove trees that are subject to the standards and permitting processes of this article; 2) any proposal where the grade of the site is to be raised or lowered around an existing plant; 3)where ditching for utilities, foundations, swimming pools, driveways or the like will severely cut root systems; 4)where large paved areas will delete the water supply and aeration necessary for the life of the tree or shrub; or 5)where a change in the grade or drainage of development will seriously harm natural areas to be retained. 2. Land Clearing and Construction. a. Vegetation that is set aside for preservation shall be protected from all on-site construction. During the land clearing and construction stage of development, the developer shall erect and maintain protective barriers (to city requirements consistent with best management practices) around all trees or groups of trees to be protected. The developer shall not allow the Page 63 of 142 movement of equipment or the storage of equipment, materials, debris or fill to be placed within the protective barrier. Removal or re-grading of soils within preservation areas is prohibited. Any damaged vegetation located within the set-aside areas shall be replaced with vegetation equivalent to the vegetation destroyed. b. During the construction stage of development, the developer shall not allow the cleaning of equipment or material within the drip line of any protected tree or groups of trees. Neither shall the developer allow the disposal of waste materials such as paint, oil solvents, asphalt, concrete, mortar, and the like within the drip line of any tree or groups of trees. c. No attachments or wires other than those of a protective nature shall be attached to any tree. d. If more than one (1) native terrestrial plant community is present on-site, areas representing all existing plant communities shall be preserved on-site unless preserving more of one (1)particular community is more ecologically beneficial. E. Seeding and Mulching. Properties shall be seeded with drought tolerant grass or other Florida-Friendly landscape material, and mulched within thirty (30) days after any clearing, grubbing, excavating, or filling activity, or prior to request for inspection to close out the land development permit, whichever occurs first, or subsequent to other major building demolition or site work. In the case where other site work is to occur and seeding and mulching will not be performed, the other site precautions, such as silt or erosion control fencing as deemed appropriate, protection of storm drains, etc., shall be immediately implemented. Staff shall inspect the seeded and mulched areas to ensure that adequate ground coverage has been obtained. Repeated seeding and mulching may be required until the satisfactory coverage is accomplished. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-019, passed 8-2-11; Am. Ord. 12-016, passed 10-2- 12) Sec. 5. Fertilizer Regulations. A. Purpose and Intent. This Ordinance regulates the proper use of fertilizers by any applicator, requires proper training of commercial and institutional fertilizer applicators, establishes training and licensing requirements, establishes a prohibited application period, and specifies allowable fertilizer application rates and methods, fertilizer-free zones, and exemptions. This Ordinance requires the use of Best Management Practices to minimize negative environmental effects associated with excessive nutrients in our water bodies. These environmental effects have been observed in and on Palm Beach County's natural and constructed stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water bodies. Collectively, these water bodies are an asset important to the environmental, recreational, cultural and economic well-being of Palm Beach County residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, is anticipated to help improve and maintain water and habitat quality_ Page 64 of 142 B. Applicability. This Ordinance shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer to urban landscapes within the Cit. o�ynton Beach, unless such application is specifically exempted by Section 11 of this Ordinance. This Ordinance shall be prospective only, and shall not impair any existing contracts. C. TimiW of Fertilizer Application. 1. No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the Prohibited Application Period or to saturated soils. 2. Fertilizer containing nitrogen and/or phosphorus shall not be applied before seeding or sodding a site, and shall not be applied for the first thirty (30) days after seeding or sodding, except when hydro-seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.), or in accordance with the Stormwater Pollution Prevent Plan for that site. D. Fertilizer Free Zones. Fertilizer shall not be applied within ten (10)feet, or three (3) feet if a deflector shield or drop spreader is used, of any pond, stream, water body, lake, canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter 62- 340), F.A.C. or from the top of a seawall or lake bulkhead. Newly planted turf or landscape plants may be fertilized in this zone only for a sixty (60) day period be ig nning thirty (30) days after planting, if needed, to allow the vegetation to become well established. Caution shall be used to prevent direct deposition of fertilizer into the water. E. Fertilizer Content and Application Rates. 1. Fertilizers applied to turf within the City of Boynton Beach shall be applied in accordance with requirements and directions provided by Rule 5E-1.003(2), F.A.C., "Labeling Requirements for Urban Turf Fertilizers". Under Rule 5E-1.003(2), F.A.C., required application rate and frequency maximums, which vary by plan and turf types, are found on the labeled fertilizer bag or container. 2. Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as provided in subsection A. above for turf, or in OF/IFAS recommendations for landscape plants, vegetable gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an approved test. 3. Fertilizer used for sports turf at golf courses shall be applied in accordance with the recommendations in "Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses", published by the Florida Department of Environmental Protection, dated January 2007, as may be amended. Fertilizer used at park or athletic fields shall be applied in accordance with Rule 5E- 1.003(2), F.A.C. F. Fertilizer Application Practices. Page 65 of 142 I. As required herein, spreader deflector shields shall be used when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer-free zones and water bodies, including wetlands. Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable. 2. Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container 3. In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. 4. Property owners and managers are encouraged to use an Integrated Pest Management(IPM) strategy as currently recommended by the University of Florida Cooperative Extension Service publications and to utilize the plant selection and landscape design standards of the OF/IFAS Florida-Friendly Landscape Program. G. Management of Grass Clis and Vegetative Matter. In no case shallrad ss clippings, vegetative material, and/or vegetative debris intentionally be washed, swept, blown, or otherwise deposited onto or into stormwater drains, drainage ditches or conveyances, water bodies, wetlands, sidewalks or roadways. Any material that is accidently deposited shall be immediately removed to the maximum extent practicable and disposed of in accordance with applicable codes and regulations. H. TzeMtions. The provisions set forth above in this Ordinance shall not apply to: (1)bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14 F.S. (2) other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock, (3) any lands used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture. I. Training. 1. All commercial and institutional applicators of fertilizer within the City of Boynton Beach shall abide by and successfully complete the six-hour training program in the "Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida/Palm Beach County Cooperative Extension Service "Florida-Friendly Landscapes" program or an approved equivalent program. Page 66 of 142 2. Non-commercial and non-institutional applicators not otherwise required to be certified, such as private citizens on their own residential property, are encouraged to follow the recommendations of the University of Florida/IFAS "Florida- Friendly Landscape Program" and label instructions when applying fertilizers. J. Licensing of Commercial Applicators. 1. All businesses applying fertilizer to turf or landscape plants (including, but not limited to, residential lawns, golf courses, commercial /industrial properties, and multi-family and condominium properties) must ensure that the business owner or his/her designee holds the appropriate"Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a Local Business Tax Certificate. Owners for any category of occupation which may apply any fertilizer to Turf and/or Landscape Plants shall provide proof of completion of the program to the Cit.. o�ynton Beach Business Tax Office. It is the responsibility of the business owner to maintain the"Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" certificate to receive their Business Tax Receipt annually. 2. After July 31, 2019, all commercial applicators of fertilizer within the City of Boynton Beach shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per Rule 5E-14.117(18), F.A.C. 3. All businesses applying fertilizer to turf and/or landscape plants (including, but not limited to, residential lawns, golf courses, commercial /industrial properties and multi-family and condominium properties) must ensure that at least one (1) employee has an appropriate"Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a business tax certificate. K. Enforcement. These provisions shall be enforced by (1)the City of Boynton Beach Code Enforcement Board or Special Master pursuant to the authority_granted by Section 162.01 et. seq., F.S., as may be amended and the City of Boynton Beach Code of Ordinances, as may be amended, or(2)the City of Boynton Beach through its authority to enjoin and restrain any person violating the City of Boynton Beach Code of Ordinances through the prosecution of violations in the name of the State of Florida pursuant to the authority granted by Section 125.69, F.S., as may be amended. The City of Boynton Beach may also pursue any other enforcement remedies available at law or in equity_ L. Penalties. 1. Failure to comply with the requirement of this Ordinance shall constitute a violation of this Ordinance and shall be punishable by a fine not to exceed $250 per incident for the violation or a fine not to exceed $500 per incident for a repeat violation, and, in addition, may include all costs of repairs and remediation Page 67 of 142 including administrative costs. Each new day_ the violation exists it is considered a separate incident. 2. In determining the amount of fines that should be imposed, the Code Enforcement Board or Special Master shall consider the following factors: (1)the gravity of the violation, (2) Any actions taken by the violator to correct the violation, and (3) Any previous violations committed by the violator. If determined the violation is irreparable or irreversible in nature, a fine not to exceed $15,000 per violation may be imposed. M. Appeals. An aggrieved. party, including the City of Boynton Beach, may appeal a final administrative order of the Code Enforcement Board or Special Master to the circuit court. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Board or Special Master. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. Sec.-56. Hazardous or Diseased Trees. Any dying or dead tree the city determines poses a threat, hazard, or danger to the public shall be removed without delay by the property owner, without the need for obtaining a permit, provided the subject tree is removed under the supervision of a certified arborist in accordance with the standards of the International Society Arboriculture (ISA). This provision shall include diseased trees or those in a condition that could potentially contaminate other trees, such as the lethal yellowing of coconut palm trees. (Ord. 10-025, passed 12-7-10) Sec.67. Prohibited Trees, Exotic, and Invasive Species. A. General. Plants classified as a Category I species on the current prohibited list published by the Florida Exotic Pest Plant Council (FLEPPC) are not allowed within the city. B. Tree Removal and Mitigation. Any tree classified as a prohibited species under this subsection shall be removed at the expense of the property owner prior to commencement of construction in accordance with the following: 1. Vacant and Undeveloped Property. a. Less than Two (2) Acres. If the parcel of property is less than two (2) acres, no permit or review by the city is required to remove the exotic tree species listed above. A courtesy inspection and identification of exotic species may be performed by staff, at no cost to the property owner, upon request of the property owner. b. Two (2) Acres or Greater. If the parcel of property is equal to or greater than two (2) acres, a land development permit shall be required in accordance with the procedures set forth in Chapter 2, Article III, Section 3 to remove exotic and invasive species, except where exempt under the provisions of Section I.E. above. 2. Developed Property. On properties that have valid site plan (landscape plan) approval, no land development permit shall be required to remove exotic or invasive trees unless the subject trees were previously approved as part of, or contribute to landscape buffering, or to Page 68 of 142 otherwise comply with the standards of Chapter 2, Article II, Landscape Design and Buffering Standards. In these instances, the removal of all such trees shall be subject to the mitigation requirements of Section 3.C. above at the expense of the property owner. For the purpose of this section, the term "site plan" is construed to include master site plan and technical site plan applications, and to ultimately mean the process by which a landscape plan is approved. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-019, passed 8-2-11) * Sec.-78. Appeals. A. General. Any aggrieved person may appeal a decision of an administrative official in accordance with Chapter 1, Article VIII, Section 1. B. Environmentally Sensitive Lands. When appealing the provisions of Section 3.13.4. above, the appellant shall address the following: 1. Whether the subject property is an environmentally sensitive land or contains endangered, threatened, and rear species and/or species of special concern in accordance with the definitions in Chapter 1, Article II; and 2. Whether the conditions placed on the development application are reasonable and represent sound environmental practices necessary to mitigate possible harmful impacts upon the subject property and are necessary in order to protect the health, safety, and welfare of the citizens of the city. (Ord. 10-025, passed 12-7-10) Sec.89. Penalties. The city or any other legal authority shall enforce any violation of this article pursuant to the penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development Regulations, or as otherwise defined herein_ In addition, the removal of each tree shall constitute a separate offense under this article. Page 69 of 142 7.7.D. New Business 5/28/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 5/28/2019 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve proposed code language implementing CRA Plan-Group 4 (CDRV 19-003) - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article 11. Definitions, Article 111. Relationship to Comprehensive Plan, and Article IV. Redevelopment Plans; and (3) Chapter 3. Zoning, Article 111. Zoning Districts and Overlay Zones, to continue implementation of revisions related to modification of the future land use categories and to other recommendations of the Community Redevelopment Plan, including creation of the Cultural District and Boynton Beach Boulevard Overlays. Applicant: City-initiated. EXPLANATION OF REQUEST: The Boynton Beach CRA Community Redevelopment Plan was adopted on October 4th, 2016. The Plan recommended significant changes to the structure of the future land use (FLU) classifications, defined 6 (six) new CRA districts and introduced district-specific design standards. The City's Comprehensive Plan was amended accordingly, and staff embarked on comprehensive revisions to the Land Development Regulations (LDRs). The subject LDR amendments follow the first set of revisions (adopted in 2017); the modifications would affect Chapters 1, 3 and 4. The most significant changes are proposed for Chapter 3. Zoning, which contains zoning definitions and related building and site regulations (Article 111. Zoning District and Overlay Zones). Amendments to Chapter 3 include the addition of two new overlays: the Cultural District Overlay (CDO would replace the existing Ocean Avenue Overlay District), and the Boynton Beach Boulevard Overlay (BBBO). Also proposed are changes to the existing Martin Luther King Jr. Boulevard and the Urban Commercial District overlays, reflecting the design standards of the Heart of Boynton and the Federal Highway Corridor Districts established by the CRA Plan. The remaining revisions to Chapter 3 would correct outstanding inconsistencies in its narrative and tables containing zoning district-specific building and site regulations. Two new definitions are proposed, for Usable Open Space and Active/Commercial Uses on Ground Floor. Both would provide more clarity to requirements supporting the CRA Plan's goal of creating an urban, pedestrian-friendly environment. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact on programs or services FISCAL IMPACT: No fiscal impact ALTERNATIVES: No alternatives recommended STRATEGIC PLAN: Page 70 of 142 STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff report D Exhibit Exhibit A. CRA Plan FLU Recommendations D Exhibit Exhibit B. Chapters 11111 V D Exhibit Exhibit C. Chapters 3 and 4 Zoning_Site Development Page 71 of 142 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 19-016 TO: Chair and Members Planning & Development Board FROM: Hanna Matras Senior Planner THROUGH: Ed Breese Planning and Zoning Administrator RE: Approve proposed code language implementing CRA Plan-Group 4 (CDRV 19-003) - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article H. Definitions, Article HI. Relationship to Comprehensive Plan, and Article IV. Redevelopment Plans; and (3) Chapter 3. Zoning, Article HI. Zoning Districts and Overlay Zones, to continue implementation of revisions related to modification of the future land use categories and to other recommendations of the Community Redevelopment Plan, including creation of the Cultural District and Boynton Beach Boulevard Overlays. Applicant: City-initiated. EXPLANATION The consolidated Boynton Beach CRA Community Redevelopment Plan was adopted on October 4th, 2016. The Plan recommended significant modifications to the structure of the future land use (FLU) classifications and the corresponding zoning districts, as detailed in the Plan's Tables 41 and 42 (Exhibit A). On July 18, 2017, as per the subject recommendations, the City adopted Comprehensive Plan amendments eliminating several future land use categories, creating new ones and making adjustments to the density caps. Simultaneously, the City embarked on a comprehensive revisions to the Land Development Regulations (LDRs). The extensive nature of these changes—they affect nearly all chapters of the LDRsforced the revisions to be processed incrementally. The proposed amendments follow the first set of revisions (adopted in 2017) and are summarized below: • Chapter 1. General Administration (see Exhibit B) o Article IL Definitions: proposed definitions of Usable Open Space and Active/Commercial Uses on Ground Floor would provide more clarity to requirements supporting the CRA Plan's goal of creating an urban,pedestrian-friendly environment. o Article III. Relationship to Comprehensive Plan, Section 5. Future Land Use map (FLUM). Proposed changes to Table 1-1. FLUM Classifications and Corresponding Zoning Districts would finalize implementation of the CRA Plan-recommended FLU/zoning structure. Page 72 of 142 CRA Plan implement—Group 4 (CDRV 19-003) Memo PZ No.19-016 o Article IV. Redevelopment Plans: revisions would remove references to the previous redevelopment plans, supplanted by the 2016 consolidated CRA Community Redevelopment Plan. • Chapter 3. Zoning (see Exhibit C) o Article III. Zoning District and Overlay Zones ■ The chapter's narrative and tables containing zoning district-specific building and site regulations would be revised to correct the remaining inconsistencies regarding the new FLU and zoning structures. ■ The proposed amendments to overlays include: • Addition of two new overlays: the Cultural District Overlay (CDO) and the Boynton Beach Boulevard Overlay (BBBO) (both were drafted in 2017 and subsequently put on hold to coincide with these other necessary updates/amendments.) The CDO would replace the existing Ocean Avenue Overlay district. • Changes to the existing Martin Luther King Jr. Boulevard and the Urban Commercial District overlays, reflecting the design standards of the Heart of Boynton and the Federal Highway Corridor Districts established by the CRA Plan. • Elimination of the Urban Central Business District Overlay: a formerly state- required designation is now defunct. ■ The remaining revisions would improve overall organization of the chapter through reduced redundancies and enhanced clarity. o Article IV. Use Regulations: footnotes to Use Matrix would be revised by replacing references to the Ocean Avenue Overlay Zone by the applicable references to the Cultural District Overlay. • Chapter 4. Site Development Standards (see Exhibit D) o Article V. Minimum Off-Street Parking Requirements: references to the Ocean Avenue Overlay Zone would be replaced by references to the Cultural District Overlay. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to continue implementing the CRA Community Redevelopment Plan in support of continued quality development and redevelopment of the downtown and remaining CRA area. Attachments S:APlanning\SIIARED\WP\SPECPRo7\CODE REVIEw\CDRV 19-003 CRA Plan Related Amendments\DRAFT FOLDER\CDRV 19-004 CRA Plan implement Group 4 Staff Report.docx -2 - Page 73 of 142 EXHIBIT A EXISTING FLU DENSITY RECOMMENDEDFLU DENSI CHANGE DUIACRE DUIACRE FRESIDENTIAL CLASSIFICATIONS Low Density (LDR) 5 Low Density (LDR) 7.5 Merged into one Moderate Density N 7.5 category (MOPR)- Medium Density (MEDR) 10 Medium Density (MEDR) 11 Merged into one High Density (HDR) 11 category Special High Density H�I�gh Density (HDR) 15 Create a new Sp I new :201 Create ] (SHDR) Spe al High Density HDR; SHDR ) 20 rema'ins SHDR) URBAN MIXED USE CLASSIFICATIONS 20 NEWFLU n/a Mixed Use Low Mixed Use (MX) - 40 Mixed Use Medium 50 Increased Density Renamed. Mixed Use Core (MX-C) 80 Mixed Use High 80 Corresponds with previous Mixed Use Core Table 1: Proposed Changes to the Future Land Use(FLU)Classifications Page 74 of 142 RECOMMENDED DENSfTY ZONING DENSEFY M CHAN;GE TO ZONING MACRE CAPS 11 LAND USE DISTRICTS HEIGHT FDISTRICTS RESIDENTIAL R1-AAA, Rl- TMerged zoning districts AAB, Rl-AA, stories) (2 i 'g t : - Low Density (LDR) 7-5 5 TO 7-5 ies) corresponding to existing LIAR and ond R-1A, R-1, stories) MO U PUD MODR FLU categories R2 10 30` (2 Corresponding tot existing Medium Density stories) MEDR (MEDR) 11 R3, PUD11 46 Stories(4 Previously under the HDR FLU IPUD ) r PUD stories High Density (HDR) 15 1 1PUD, 15 45 (4 NEW district R-4 ) Special High 20 IPUD,PUD�=20 45' (4 No change Density (SHDR) stories) URBAN MIXED USE Density and height same as the Mixed Use Low 20 MU-1 20 45' (4 MUL-1 zoning district under the stories) existing MX FLU 65 (6 Increased density: existing' MUL- Mxed MU-2 40 stories) 2 under MX FLU at 30 dulacre iUse Medium 50 - MU-3 50 75 (7 NEW district stories) MU-4 60 1003 (10 NEW district stories) Mixed Use High so - MU Core 80 150' (115 Renamed district- Corresponds vious, MU-H- Table 2: Land Use Structure and Corresponding Zoning Page 75 of 142 EXHIBIT B Chapter 1. General Administration Article IL Definitions USABLE (?I'ENSPACE - Active or Massive space designed as 1) Public spaces for the Purpose of gathering/socialization, such as plazas, public squares, gardens, outdoor dining courtyards, enhanced pedestl-ian areas, etc. This area may also include public art easements., and/or, 2)private space for the use primarily of the residents/occupants of the property, such as parr space, gardens courtyards, enhanced pathways with seating and shade structures, etc. This space does not include areas such as private/fenced courtyards patios or the life of individual unit owners. ACTIVEIC(?11 MERCIAL USES ON GROUND FLOOR - Mixed use projects within urban mixed use zoning districts will meet -round floor ACTIVE/COMMERCIAL, USE requirement by including commercial uses selving general public such as retail, restaurants, bars, entertainment, personal sel vices, and live-work. Resident-only selving amenities such as lounges gyms, common rooms, and recreation spaces may be included in addition to the above uses. Residential-only only within urban mixed use zoning distlicts will meet ACTIVE USE requirement by using design featuresincluding street-fronting access—to allow residential use to engage with the street and provide the opportunity for interaction. Such features may be combined with building amenities such as lounges, gyms, common rooms, and recreation spaces on the around floor. Page 76 of 142 Article III. Relationship to Comprehensive Plan; Sec.5 Future Land Use map (FLUM) B. FLUM Classifications and Corresponding Zoning Districts (Table]-]). Zoning LDR McDR HDR SHDR OC LRC G MXL MXM MXH I R PPGI DRI Districts (7.5) (11) (15) (20) C (20) (50) (80) x R-1-AAB 5.5 x R-1-AA 5.5 x R-1-A 6 x R-1 7.5 x R-2 < 10 x R-3 11 x R-4 15 IPUD K_ x PUD x x x x MHPD x C-1 x C-2 x C-3 x C-4 x CBD x x PCD x x x SMU x x MU-1 x MU-2 x MU-3 x MU-4 x MU-C x M-1 x PID x x REC x PU x Page 77 of 142 Article IV. Redevelopment Plans Sec. 1. General. A. Purpose and Intent. The city's Land Development Regulations are intended to further the goals, objectives, guidelines, and recommendations of the adopted redevelopment plans. B. Identification of City's Redevelopment Plans. Each redevelopment plan approved by the City Commission is hereby adopted by reference in these Land Development Regulations and identified as the following: 1. Fedefal Highway 0—offide L oynton L ea_ch__CRA_Community Redevelopment Plan; 2. ueai4 oft , r^w w,,,,,e.D_A_-_1^,,w, ,,, Plan; alid 4. Do .,+^.B.r X7;1 ,A !aster-Dl Page 78 of 142 EXHIBIT C CHAPTER 3. Zoning ARTICLE III. ZONING DISTRICTS AND OVERLAYS Z4M-E9 Sec. 1. Overview. A. General. Pursuant to Chapter 1, Article III, Section 5.B., any given parcel of land in the city shall have a zoning district that corresponds with the(Future 1Land idUse*+Map (FLUM) classification of the Comprehensive Plan. B. Residential Building and Site Re ulations (Table 3-1). RESIDENTIAL R-1 R-1 R-1 R-I R-2 R-3 R-4 IPUD PUD MHPD AAB AA A Duplex Multi Multi Density(dwelling units per acre): 5 5.5 6 7.5 10 11 15 Flexible10 Flexible" Flexible" Project Area,Minimum(acres) N/A N/A N/A N/A N/A N/A N/A N/A 5+ 10+ Lot Area per unit,Minimum(square feet): 9,000 8,0008 7,500 6,000 4,500 4,00012 4,00012 Flexible Flexible 4,200 Lot Frontage,Minimum(feet): 90 75 60 60 75 100 100 Flexible Flexible N/A Living Area,Minimum A/C(square feet): 1,800 1,600 1,400 1,200 750 750 650 Flexible Flexible N/A Lot Coverage,Maximum: 45% 45% 45% 50% 40% 40% 50% 50% N/A N/A Floor-Area-Ratio(FAR)for Non- 6 Residential,Maximum: N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Structure Height,Maximum(feet): 30 30 30 30 25 45' 45 45' 45' 30 Building Setbacks,Minimum(feet): Front: 25 25 25 25 25 40 20 Flexibles Flexibles 20 Interior side: 10 108 7.5 7.5 10 20 20 Flexibles Flexibles 5 Corner side: 25' 25' 25' 25' 25' 40 20 Flexibles Flexibles loll Rear: 20' 20' 20' 20' 25' 40 40 Flexibles Flexibles 1011 Special rear yard setback reductions for 1-story building Maximum Percentage of Reduction: additions abutting: I-95 or railroad tracks: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Intracoastal Waterway(ICWW): 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Lake: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Golf course: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Canal wider than 150 feet: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Canal narrower than 150 feet: 33% 33% 33% 33% N/A N/A N/A N/A N/A N/A Commercial/industrial: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Public/private park: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Perimeter wall abutting non-residential: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A 1 Page 79 of 142 Administrative Adjustment: Maximum Percentage of Reduction(to standard yard setback): Front yard: 20% 20% 20% 20% N/A N/A N/A N/A N/A N/A Side yard: 20% N/A 20% 20% N/A N/A N/A N/A N/A N/A Rear yard: 25% 25% 25% 25% N/A N/A N/A N/A N/A N/A General Notes: 1,2 1,2 1,2 1,2 3 3 1,3 9 9 11 1. The setback reduction provisions shall not supersede any setbacks that are recorded on a plat and shall not be used in conjunction with the setback reductions allowed by administrative adjustments. 2. An administrative adjustment to reduce a setback maybe granted if any first floor addition follows the building line of a legally non-confonning single-family structure,or a building line previously approved by a variance. 3. Existing and/or planned single-family homes shall conform to the R-1 district requirements. Duplex homes shall conform to the R-2 district requirements. 4. Where orientation of adjacent lots on both street frontages provides typical front yard setbacks,the corner lot shall provide for front yard setbacks along both streets. When two(2)front yard setbacks are provided for on a corner lot,no rear yard back setback shall be required,only side yard setbacks shall be imposed. 5. Minimum required perimeter setbacks of an IPUD or PUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single-family zoning,required perimeter setbacks shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also,perimeter buildings shall have an increased setback of one(1)additional foot for every foot of building height in excess of thirty(30)feet. Project design along abutting roadway(s),including setbacks,shall be based on existing development patterns or applicable recoimmendation from the respective development plan. 6. See Note 45 for additional setback requirements relative to building height. 7. A lesser building height maybe required for compatibility with adjacent properties. See Note 45 for more setback requirements relative to building height. 8. The minimum lot area shall be seven thousand,five hundred(7,500)square feet and the minimum side yard shall be seven and one-half(7-1/2)feet for properties developed and/or platted prior to June 13, 1975. 9. Total usable open space shall be calculated at two hundred(200)square feet per dwelling unit(also see Chapter 4,Article III, Section 8.). 10. The maximum allowable density is determined by the applicable future land use classification of the Comprehensive Plan. 11. Perimeter building setbacks of the mobile home park district shall mirror the building setbacks of adjacent zoning district(s), but with a minimum of the setback required for a single-family residence. 12. Multi-family dwellings and group homes require four thousand(4,000)square feet. All other uses allowed in R-3 and R-4 require twenty thousand(20,000)square feet. C. Non-Residential Building and Site Regulations (Table 3-2). NON-RESIDENTIAL C-1 C-2 C-3 C-4 CBD PCD M-1 PID RE PU 44 FleKfb4e Density(dwelling units per acre): N/A N/A 44 N/A N/A Flexible"- N/A N/A N/A N/A N/A Project Area,Minimum(acres) N/A N/A N/A N/A N/A 3-L'' N/A 254--" N/A N/A Lot Area per unit,Minimum(square feet): 9,000 5,000 15,000 5,000 15,000 Flexible mono Flexible 43,560 8,000 Lot Frontage,Minimum: 75 50 75 50 75 Flexible 0 Flexible 100 75 2 Page 80 of 142 Lot Depth,Minimum: 120 100 N/A 100 100 N/A N/A N/A N/A N/A Lot Coverage,Maximum: 40% 40% 40% 40% 75%41 40%'1-0 60% 60%'6 N/A N/A Floor-Area-Ratio(FAR),Maximum: 0.40 0.50 0.50 0.50 N/A 0.50 0.50 0.50 N�IA NrA 0.50 1 1.00 Structure Height,Maximum(feet): 30149 259 45441 4513 4541-�2 4513 45441 4513•19 4511 4543 Building Setbacks,Minimum(feet)114: Front 30 30 20 25 0 40 15 30 25 25-2Q'-3 Rear 20 20 202 205 206 40 203 30 25 25-2Q'-3 Interior side 10 15 0' 155 0 30 15' 20 25 15"Q'-3 Corner side 10 20 20 155 8' 30 15 30 25 15-21L3 Building Setbacks,Minimum if abutting a residential district(feet)114: Rear 30 30 30 30 N/A N/A 30 N/A N/A 30 Interior side 30 30 30 30 N/A N/A 30 N/A N/A 30 Corner side 30 30 30 30 N/A N/A N/A N/A N/A N/A Waterfront yard N/A N/A N/A N/A 88 N/A N/A N/A N/A N/A 1. Where rear access is not available from a public street or alley,aside yard of not less than fifteen(15)feet shall be provided on one(1)side. 2. Where rear yard access is available from a public street or alley,rear yard may be decreased by one-half(1/2)the width of such street or alley,but in no case shall a rear yard be less than ten(10)feet. 3. Where rear yard abuts a railroad right-of-way or any paved alley,the rear yard maybe reduced to ten(10)feet. 4. Where rear yard abuts a paved alley or street,then no side setback shall be required. 5. Where rear property line abuts a public street or alley,rear yard setback maybe reduced to ten(10)feet and no side yard shall be required,except on corner lots. 6. Where rear property line abuts a public street or alley,rear yard setback may be reduced to eight(8)feet at first floor level, in which case,no setback shall be required at all other floor levels. 7. Eight(8)feet is required at first floor level. No setback shall be required at all other floor levels. 8. Waterfront setbacks shall be measured from the property where the body of water is under different ownership than the subject property line. However,setbacks are measured from the mean high waterline if the body of water is under the same ownership as the subject property. 9. Nla�to eKeera��7S�OF;es A,E)s sE) .i f' IAI 18. c-e'as. 44-.9 Buildings designed with under-story parking shall be allowed a maximum building height of thirty-five(35)feet but only with conditional use approval. 4464:a c�ii-444c ctzcf:v..,rr14ef;grr . 4-410. The total ground floor area of all buildings and accessory structures shall not exceed forty percent(40%)of the plot on which they are constructed. 4.411. Contiguous acres. 3 Page 81 of 142 4412. Residential uses are only allowed within a mixed use pod of a PID that has a DRI future land use classification. Maximum residential densities shall be in accordance with the thresholds established for the respective DRI. o 17. The n4ax;muiu allowable density is detep—ined by the appli cable future land use class;ficatioll Of the GOWFehellSive Plan. o 44. T -2413. For hospital buildings,additional setbacks in excess of thirty(30)feet shall be required for any height over forty-five (45)feet. The additional setback shall be measured by calculating three(3)additional feet of setback for each foot in height above forty-five(45)feet,not including minimal rooftop equipment that are eligible for height exception pursuant to Chapter 2,Article II, Section 4. 14. aO44a T1r'`n" wl ereappn 4e. Overlav regulations may appy. See Section 8 for regulations pertaining to_-overlays.' ^# 4e -N4T r B0Z and JUT GP0Z D. Mixed-Use Suburban Building and Site Re ulations (Table 3-3). SUBURBAN MIXED-USE (SMU) DISTRICT Types of Uses Residential Single- Other Uses Building/Site Regulations Family (Attached or Multi-Family (includes Mixed Detached) Use) Density(dwelling units per acre) 20 20 N/A Project Area, Minimum: SW district- 10 acres' Lot Area per unit, Minimum (square Flexible4- l2 Flexible44l2 10,000 feet): Lot Frontage tier Use, Minimum (feet): Flexible 4442 100 100 Living Area, Minimum A/C (square 1,200 750 750 feet): Floor Area Ratio (FAR), Maximum: N/A N/A Structure Height, Minimum (feet): 352 3592 3542 Structure Height, Maximum (feet): 35 55�L— 55�L— Build-to-line(feet): Front: 161 l04-,4-,-6_2_144 10 345 Building Setbacks, Minimum (feet): Side: 15 corner e d 10414o64°124 Rear: Flexible 4412 1544 Flexible 6,44-412 4 Page 82 of 142 Usable Open Space, Minimum (square o �9,io 0 9.11 feet): 30/o 20%2-,-l,"-_4-' 20/o— the S"�r��eg Hotels Rmst be pa of^ .,ed;ase p ojeet of a le s�fl—ee 11 .-os . 41. Porches maybe placed forward of the build-to line and shall maintain a minimum two (2)-foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is twenty(20)feet. Where less than twenty(20)feet,garage access required from side or rear. 42. Projecting feature(s)such as awnings,balconies,porches and/or stoops may be placed forward of the build-to line and shall maintain a minimum two (2)-foot setback from any public sidewalk. 43. Front yard build-to line along major arterial roads,a maximum of ninety(90)feet inclusive of a twenty-five(25)-foot landscape buffer. 44. The height setback envelope in accordance with Section 5.C.below shall apply where adjacent to developed single-family residential zoning districts. �5 One(1)or more projecting feature(s)such as awnings,balconies,colonnades,porches and/or stoops required forward of the build-to line and shall maintain a minimum five(5)-foot clearance from any vehicle use area. Elements projecting over a pedestrian walkway shall allow a minimum nine(9)-foot vertical clearance and five(5)-foot horizontal pedestrian clearance. -96. Excluding. side f:^l iises-a+4-parking structures. 97. Applies to any facade with arterial roadway frontage. Multiple-story buildings are encouraged along arterial roadways. The intent of this provision is to create the appearance,or simulate the intensity of,a minimum two(2)-story building. Conditional use approval required if less than the thirty-five(35)foot minimum. 4-98. Building heights between fifty-five(5 5)feet and seventy-five(75)feet to thepeak a f 44ees4�ao�Hr-e--�s 4etai4s-inay be allowed only for interior buildings(those buildings separated from the property line by another project building or use),if approved as a conditional use. The b;a;1_,4;44g'14nie�;aFe 14e;&-"+ Shall be 6014EI+W�ed;44 a66@FE1a146e W414 Se6�;014 5 below. Exeept;o44s o 44e ; .........r,�ig sk A-114�oe a—Il ed. 4-9. Usable open space shall provide active or passive recreational space and shall not be occupied by water bodies,streets, drives,parking areas,or structures other than recreational structures. 4-110. At least fifty percent(50%)of the required usable open space for&iHgl residential uses shall be contained in one (1)or more coimnon pooled areas and a rectangle inscribed within each coimnon pooled area shall have no dimension less than seventy-five(75)feet. 4411. Up to fifty percent(50%)of the usable open space required for"inulti-family" and"other uses"may be hardscaped plazas and public gathering places. 4.412. To be determined on a case by case basis,depending on the overall project design. E. Mixed Use Urban Building and Site Regulations (Table 3-4). MIXED USE,URBAN MU-1 MU-2 MU-3 MU-4 MU-C Lot Area,Minimum(acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage,Minimum(ft.)' 100 100 150- 200 200 Structure Ht.,Minimum(ft.) 30 30 30 45 45 5 Page 83 of 142 Maximum Height(ft.)' 45 65 75 100 150/125' Maximum Density(DUs/Acre)",12 20 40 50 60 80 Maximum F.A.R.11 1.0 2.0 3.0 4.0 4.0 Build-to-line(ft.)' All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' Abutting a Local street 0' 0' 0' 0' 0' Interior side 0' 0' 0' 0' 0' Building Setback,Minimum(ft.)' Rear abutting: Residential single-family 255/05.6 255 255 255 255 Intracoastal waterway 255 255 255 255 255 Side abutting Residential single-family 255/05.6 255 255 255 255 Usable Open Space,Minimum(sq.ft.)9 N/A N/A 0.5% 1% 2% 1. May be reduced if frontage extends from right-of-way to right-of-way. 2. Minimum of fifty(50)feet,if frontage is on a collector/local collector roadway. 3. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway is thirty-five(35) feet cotlsiscouit fors dept i ot.'a ��iri ttl 1 t�P-c t.t� (30)fcct . Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. Height bonus may be granted through participation in the Workforce HousingProgram. 4. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts any other MU or residential zoning district not separated by a right-of-way. 5. Plus one(1)additional foot for each foot of height over thirty-five(3 5)feet. 6. Where there is an intervening right-of-way of at least forty(40)feet. 7. Buildings and structures shall be located no farther than zero(0)feet from the property line,except in conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or when additional setback is necessary to provide for required"Pedestrian Zone(PZ).Building placement is a factor of roadway type and CRA district,which detennines the min.width and design of the PZ.Except for the Downtown District,where the minimum PZ width is 18',the minimum PZ in all other districts if 16 ft. See Section 5.C.2.below for additional relief provisions from build-to line requirements. 8. T:rfLocally registered historic structures are not required to meet these standards. 9. Usable open space shall be required for all developments two(2)acres in size or larger which shall be devoted to plazas or other public open space,excluding private recreation. See Chapter 4,Article III, Section 8 for additional regulations. 10. Projects within the transit core shall have minimum densities as follows:MU-1 -eleven(11),MU-2 -twenty(20),MU-3 - thirty(30),MU-4-thirty-five(35) and MU-C-forty(40)dwellings per acre(except that minimum density for the MU-C district applies to projects located within the entire station area). 11. Projects within the transit core shall have a minimum FAR as follows:MU-3 -one and three-quarters(1.75),MU-4(2.0)and MU-C-two (2.0)(except that minimum FAR for the MU-C district applies to projects to be located within the entire station area)._ Maximum FAR for MU-3 tnay be increased to 3.5 if abutting property with the Mixed Use High future land use classification. 12. The maximum density for projects within the Downtown Transit-Oriented Development District(the Station Area)maybe increased up to twenty-five percent(25%)over the maximum density allowed in the underlying zoning district through 6 Page 84 of 142 participation in the City's Workforce Housing Program. (Ord. 10-025,passed 12-7-10; Am. Ord. 12-016,passed 10-2-12; Am. Ord. 14-009,passed 7-1-14; Am. Ord. 15-006,passed 3-2-15; Am. Ord. 16-023,passed 1-3-17; Am. Ord. 17-023,passed 9-19-17) Sec. 2. Residential Districts. A. R-I-AAB Single-family Residential District. 1. General. The purpose of the R-1-AAB zoning district is to implement the low density residential (LDR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to promote the suburban character of the city by preserving and encouraging single- family dwellings and structures on large lots at densities no greater than five (5) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-5). a. The following lot and building setback requirements shall be observed: BUILDING/SITE REGULATIONS R-1-AAB District Minimum lot area: 9,000 s.f. Minimum lot frontage: 90 feet Minimum yard setbacks: Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building-1— Abutting: uilding1-Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than 50% residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: Interior side: 10 feet Corner side: 25 feet Minimum living area: 1,800 s.f. Maximum lot coverage: 45% Maximum structure height: 30 feet These special rear yard setback reduction provisions shall not supersede any setbacks that are recorded on a plat. 2 On corner lots,the side yard setback adjacent to the street shall be not less than one-half(1/2)the front yard setback. However, where orientation of adjacent lots on both street frontages provides typical front yard setbacks,the corner lot shall provide for front yard setbacks along both streets. When two(2)front yard setbacks are provided for on a corner lot,no rear yard setback shall be required,only side yard setbacks shall be imposed. 7 Page 85 of 142 R-I-AA ��. �x a J� t/^ �f01 Minim"Lot Aren SLOW�,q ft 4. Administrative Adjustments. a. For lots platted prior to August 19, 2008, the following administrative adjustments to the minimum yard setbacks for first floor additions to existing residential structures may be allowed: Front and side yard_ 20%reduction Rear yard_ 25%reduction These setback reduction provisions shall not supersede any setbacks that are recorded on a plat. b. An administrative adjustment may be granted if-for any first floor addition follow-sm the building line of a legally nonconforming single-family structure, or a building line previously approved by a variance. c. See Chapter 2, Article 11, Section 4.A. for the administrative adjustment process. 5. Accessory Structures. Walls, fences,pools, sheds, screen-roof enclosures, and other structures are regulated in accordance with Chapter 3, Article V, Supplemental Regulations. 6. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas, landscape buffers and tracts, and project signage may be subject to site plan review. c. Non-residential uses shall require site plan approval in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 7. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. B. R-1-AA Single-family Residential District. 1. General. The purpose of the R-1-AA zoning district is to implement the glow density residential (LDRN4eD-R) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to promote the suburban character of the city by preserving and encouraging single-family dwellings and structures at densities no greater than five and one-half(5.5) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-6). The following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS R-1-AA District Minimum lot area: 8,000 s.f.l Minimum lot frontage: 75 feet Minimum yard setbacks: 8 Page 86 of 142 Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story buildings_ Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% epe, �444i = Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than 50% residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 10 feet' Corner side: 25 feet3 Minimum living area: 11600 s.f. Maximum lot coverage: 45% Maximum structure height: 30 feet In areas developed and/or platted prior to June 13, 1975,the ininiintun lot area shall be seven thousand,five hundred(7,500) square feet and the miniintun side yard shall be seven and one-half(7-1/2)feet. 2 These special rear yard setback reduction provisions shall not supersede any setbacks that are recorded on a plat. 3 On corner lots,the side setback adjacent to the street shall be not less than one-half(1/2)the front yard setback.However,where orientation of adjacent lots on both street frontages provide typical front yard setbacks,the corner lot shall provide for front yard setbacks along both streets. When two(2)front yard setbacks are provided for on a corner lot,no rear yard setback shall be required,only side yard setbacks shall be imposed. gw NA _ �£5S� ,F� 1� Mir m n Lot Area 0,000 sq. Max.Lot CovereKm 4 Min.LMnq Area 1,600 sq. 4. Administrative Adjustments. 9 Page 87 of 142 a. For lots platted prior to August 19, 2008, the following administrative adjustments to the minimum yard setbacks for first floor additions to existing residential structures may be allowed: Front and side yard: 20% reduction* * Side yard reduction shall only be eligible for lots platted on or after June 13, 1975 and prior to August 19, 2008. Rear yard: 25% reduction These setback reduction provisions shall not supersede any setbacks that are recorded on a plat. b. An administrative adjustment may be granted if any first floor addition follows the building line of a legally nonconforming single-family structure, or a building line previously approved by a variance. c. See Chapter 2, Article 11, Section 4.A. for the administrative adjustment process. 5. Accessory Structures. Walls, fences, pools, sheds, screen-roof enclosures, and other structures are regulated in accordance with Chapter 3, Article V, Supplemental Regulations. 6. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas, landscape buffers and tracts, and project signage may be subject to site plan review. c. Non-residential uses shall require site plan approval in accordance with Chapter 2, Article 11, Section 2.17. prior to application for building permit. 7. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. C. R-1-A Single-family Residential District. 1. General. The purpose of the R-l-A zoning district is to implement the n+e4e+e4c—low density residential (LQRM-eR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to promote the suburban character of the city by preserving and encouraging single-family dwellings and structures at densities no greater than six (6) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-7). The following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS R-I-A District Minimum lot area: 7,500 s.f. Minimum lot frontage: 60 feet Minimum yard setbacks: Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building- Abutting: 1-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: 10 Page 88 of 142 Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Corner side: 25 feet Minimum living area: 1,400 s.f. Maximum lot coverage: 45% Maximum structure height: 30 feet These special rear yard setback reduction provisions shall not supersede any setbacks that are recorded on a plat. 2 On corner lots,the side setback adjacent to the street shall be not less than one-half(1/2)the front yard setback. However, where orientation of adjacent lots on both street frontages provides typical front yard setbacks,the corner lot shall provide for front yard setbacks along both streets. When two(2)front yard setbacks are provided for on a corner lot,no rear yard setback shall be required,only side yard setbacks shall be imposed. R=1- 25 7 Is in Area 7,5W sq,ft. , Max.Lot Coyem45% �s Mini Uv"Area 1,400 sq,ft, 4. Administrative Adjustments. a. For lots platted prior to August 19, 2008, the following administrative adjustments to the minimum yard setbacks for first floor additions to existing residential structures may be allowed: Front and side yard: 20%reduction Rear yard_ 25%reduction These setback reduction provisions shall not supersede any setbacks that are recorded on a plat. b. An administrative adjustment may be granted if any first floor addition follows the building line of a legally nonconforming single-family structure, or a building line previously approved by a variance. c. See Chapter 2, Article 11, Section 4.A. for the administrative adjustment process. 5. Accessory Structures. Walls, fences,pools, sheds, screen-roof enclosures, and other structures are regulated in accordance with Chapter 3, Article V, Supplemental Regulations. 6. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas, landscape buffers and tracts, and project signage may be subject to site plan review. 11 Page 89 of 142 c. Non-residential uses shall require site plan approval in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 7. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. D. R-1 Single-family Residential District. 1. General. The purpose of the R-1 zoning district is to implement the n low density residential (LDRM-&D ) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to encourage single-family dwellings and structures at densities no greater than seven and one-half(7.5) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-8). The following lot and setback requirements shall be observed: BUILDING/SITE REGULATIONS R-1 District Minimum lot area: 6,000 s.f. Minimum lot frontage: 60 feet Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story buildings_ Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Corner side: 25 feet Minimum living area: 1,200 s.f. Maximum lot coverage: 50% Maximum structure height: 30 feet These special rear yard setback reduction provisions shall not supersede any setbacks that are recorded on a plat. 2 On corner lots,the side setback adjacent to the street shall be not less than one-half(1/2)the front yard setback. However, where orientation of adjacent lots on both street frontages provide typical front yard setbacks,the corner lot shall provide for front yard setbacks along both streets. When two(2)front yard setbacks are provided for on a corner lot,no rear yard setback shall be required,only side yard setbacks shall be imposed. 12 Page 90 of 142 R-1 �f LW ffi �z nrrr}S tll�irtt`)>`�s! � t4�t�ur t s e, r r 1 a' knom Uat ArOA 6,000 •ft ., MSK.W cvywagct 4. Administrative Adjustments. a. For lots platted prior to August 19, 2008, the following administrative adjustments to the minimum yard setbacks for first floor additions to existing residential structures may be allowed: Front and side yard_ 20%reduction Rear yard: 25%reduction These setback reduction provisions shall not supersede any setbacks that are recorded on a plat. b. An administrative adjustment may be granted if any first floor addition follows the building line of a legally nonconforming single-family structure, or a building line previously approved by a variance. c. See Chapter 2, Article 11, Section 4.A. for the administrative adjustment process. 5. Accessory Structures. Walls, fences,pools, sheds, screen-roof enclosures, and other structures are regulated in accordance with Chapter 3, Article V, Supplemental Regulations. 6. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas, landscape buffers and tracts, and project signage may be subject to site plan review. c. Non-residential uses shall require site plan approval in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 7. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. E. R-2 Single and Two-family Residential District. 1. General. The purpose of the R-2 zoning district is to implement the medium density residential (MeDR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to stabilize and protect existing residential neighborhoods with densities no greater than ten (10) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-9). Existing and/or planned single-family homes shall conform to the R-1 district requirements; however, for duplex homes, the following lot and building requirements shall be observed: 13 Page 91 of 142 i BUILDING/SITE REGULATIONS R-2 District Minimum lot area (per unit): 4,500 s.f.i Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feet Rear: 25 feet' Interior side: 10 feet Corner side: 25 feet,' Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum structure height: 25 feet Single-family dwellings shall be constructed on lots that are no less than six thousand(6,000)square feet. z Aifsiia44 to Seet;E)44 8.9.below,paFeels 44at 14a-ve 4E)44tage ai4 MaAin Liitl4eF King jF. gaiilevaFd and aFe laea�ed W41441 44e iiS-1^W ''4e4S;+y 1 Z,..-;14gEfis�Fi6tsee See�"'"4"-.14. belaw).Overlav regulations may apply. See Section 8 for rezulations pertaining to overlays. 3 On corner lots,the side setback adjacent to the street shall be not less than one-half(1/2)the front yard setback. However, where orientation of adjacent lots on both street frontages provide typical front yard setbacks,the corner lot shall provide for front yard setbacks along both streets. When two(2)front yard setbacks are provided for on a corner lot,no rear yard setback shall be required,only side yard setbacks shall be imposed. tl Jse tl 3 NE 4 4) n and tWE) /7\r4�vanr t $ to 25 Mirilmom Lit Area 4,500 rt.per un Pi x.Let Cavoralm 40% Mirk, LivirV Area 750 sq,It,pet,urt i 4. Accessory Structures. Walls, fences,pools, sheds, screen-roof enclosures, and other structures are 14 Page 92 of 142 regulated in accordance with Chapter 3, Article V, Supplemental Regulations. 5. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas, landscape buffers and tracts, and project signage may be subject to site plan review. c. Non-residential uses shall require site plan approval in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 6. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. F. R-3 Multi family Residential District. 1. General. The purpose of the R-3 zoning district is to implement the medium density residential MDR future land use map (FLUM) classifications of the Comprehensive Plan. The intent of this conventional district, with a maximum density of eleven (11} dwelling units per acre, is to pfov;a r^I:'lin= i 'entia 'et-sities that encourage vertical structures and viable multiple-family living environments. The preferred development pattern shall be designed such that it would provide adequate buffering, graduation of uses, and a layout that considers and complements adjacent uses and districts. Ideally, the R-3 district should be in close proximity to large concentrations of business and employment activities, as well as near sufficient roadways and public transportation routes. Site design should encourage safe traffic patterns, ingress and egress, adequate light, drainage, off-street parking, open space, on-site recreation areas, and community meeting provisions for the inhabitants. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-10). a. Existing and/or future single-family dwellings shall conform to the building and site regulations of the R-1 district (see Table 3-8 in Section 2.D.3. above). b. Duplex dwellings shall conform to the building and site regulations of the R-2 district (see Table 3- 9 in Section 2.E.3. above). c. Multiple-family and group homes shall conform to the lot and building requirements of that portion of Table 3-10 below pertaining to "residential uses". d. All uses, excluding single-family, duplex, multi-family, and group homes, shall conform to the lot and building requirements of that portion of Table 3-10 below pertaining to "non-residential uses". BUILDING/SITE REGULATIONS R-3 District (Residential Uses) Minimum lot area (per unit): 4,000 s.f. Minimum lot frontage: 100 feet Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 40 feet Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum structure height: 45 feet X889 _p 4en+es4 r�� (Non-Residential Uses) 15 Page 93 of 142 Minimum lot area: 20,000 s.f. Minimum lot frontage: 100 feet Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 40 feet Minimum living area: N4A�750 sg. ft.per unit Maximum lot coverage: 40% kl 9 Maximum structure height: 45 feet c�vztGccaz�o�-,,,i J\a�vrics Asg®ve-xaed by 44e-app 'bte feg- t., E)F agei4ey. 3 W to PAP H4"be et see n 7se n 7 k rl i 4 .r r Max,tpf Covwage 40% Mier.Uying Area 750 s%ft.per unit 4. Accessory Structures. Walls, fences,pools, sheds, screen-roof enclosures, and other structures are regulated in accordance with Chapter 3, Article V, Supplemental Regulations. 5. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas, landscape buffers and tracts, and project signage maybe subject to site plan review. In these instances, site plan approval shall be required prior to application for building permit. c. Multiple-family dwellings and non-residential uses shall require site plan approval in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 6. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 16 Page 94 of 142 G. R-4 Multi family Residential District. 1. General. The purpose of the R-4 zoning district is to implement the High Density Residential (HDR) future land use map classification of the Comprehensive Plan. The intent of this conventional district is to provide for higher residential densities that support infill development opportunities. At the allowed maximum density of fifteen (15) dwelling units per acre, intended development can provide a graduated transition to densities and intensities of mixed use redevelopment projects in a compact form. Although this district is not a planned zoning district, development attributes should similarly emphasize design that is sensitive to its context within the urban redevelopment area, including interconnectivity and pedestrian accommodations, sustainable and/or smart growth building and landscaping design, building placement and orientation of project to the local street network and on-street parking. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-10). a. Existing and/or future single-family dwellings shall conform to the building and site regulations of the R-1 district(see Table 3-8 in Section 2.D.3. above). b. Duplex dwellings shall conform to the building and site regulations of the R-2 district (see Table 3- 9 in Section 2.E.3. above). c. Multiple-family and group homes shall conform to the lot and building requirements of that portion of Table 3-10 below pertaining to "residential uses". d. All uses, excluding single-family, duplex, multi-family, and group homes, shall conform to the lot and building requirements of that portion of Table 3-4-0-11 below pertaining to "non-residential uses". BUILDING/SITE REGULATIONS R-4 District (Residential Uses) Minimum lot area (per unit): 4.000 s.f. Minimum lot frontage: 100 feet Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 40 feet Minimum living area: 650 s.f. Maximum lot coverage: 50% Maximum structure height: 45 feet (Non-Residential Uses) Minimum lot area: 20,000 s.f. Minimum lot frontage: 100 feet Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 40 feet Minimum living area: N4 650 sd.ft. per unit Maximum lot coverage: 40% N4 Maximum structure height: 45 feet 17 Page 95 of 142 4. Accessory Structures. Walls, fences,pools, sheds, screen-roof enclosures, and other structures are regulated in accordance with Chapter 3, Article V, Supplemental Regulations. 5. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas, landscape buffers and tracts, and project signage may be subject to site plan review. In these instances, site plan approval shall be required prior to application for building permit. c. Multiple-family dwellings and non-residential uses shall require site plan approval in accordance with Chapter 2, Article 11, Section 2.17. prior to application for building permit. 6. Parking. Required off-street parking is regulated in accordance with Chapter 4. Article V. Minimum Off-Street Parking Requirements. H. IPUD Infill Planned Unit Development District. 1. General. a. Purpose and Intent. The purpose of the IPUD zoning district is to implement the special high density residential (SHDR) future land use map (FLUM) classification of the Comprehensive Plan—This district is intended for infill purposes,promoting new development and redevelopment.�,�e— fYn;. e o.. ',pii nt Plai in areas located east of Interstate 95 at densities no greater than twenty (20) dwelling units per acre. This district is also intended to promote water access and recreational opportunities with accommodations of uses, including marine-oriented and water dependent uses,in both mixed use developments and limited single-use projects. The IPUD district includes design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces,parking lot and circulation design, and setbacks, will be dependent on how well the proposed project otherwise exceeds the other applicable standards. The IPUD shall minimize adverse impacts on surrounding property. The city is not obligated to automatically approve the level of development intensity requested for the IPUD. Instead, it is expected to approve only such level of intensity that is appropriate for a particular location in terms of land use compatibilities. The city may require, as a condition of approval, any limitation, condition, or design factor that will provide a reasonable transition to adjacent development. In order to be approved, an IPUD project must be compatible with and preserve the character of adjacent residential neighborhoods. Factors to consider in determining compatibility may include, but not necessarily be limited to,proposed use, massing, and layout. Further, it must be an enhancement to the local area and the city in general. Projects that fail to do so will be denied. Each IPUD project is independent and will be evaluated solely on its own merits. The inclusion of certain features in a previously approved IPUD project will not automatically be entertained as a valid argument for the inclusion of that same feature in any other IPUD project if the city determines to reject those features. b. Prerequisite Location Standards. The IPUD district is ,,pti i when t ,- is creates an opportunity to promote sustainability with respect to land use, energy conservation;and resource management_ etal-eq-u+�. Rezoning to the IPUD district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure,public and alternative transportation routes and modes, employment centers, community areas, or have stfsi ifleA OF afe � -been impacted by environmental contamination. In reaching recommendations and decision as to zoning land to IPUD, the Advisory Board and City Commission shall apply the following location standards, in addition to the standards applicable to the rezoning of land generally: (1) Any IPUD district that contains non-residential uses must principally front on streets classified as "Arterial" on the "Functional Classification of Roadways" map in the city Comprehensive Plan; (2) Any non-residential component must front on the arterial roadway or on an access road wholly 18 Page 96 of 142 contained within the project with neither entrances nor exit on or visible from or disruptive to adjacent properties, local streets, and rights-of-way. 2. Use(s)Allowed. See Chapter 3, Article IV, Section 3.C. for specific regulations pertaining to the IPUD district and Chapter 3, Article IV, Section 3.1). ("Use Matrix Table 3-28") for a list of allowable uses. 3. Building and Site Regulations (Table 3-14-2). The following building/site regulations apply to the entire IPUD development. BUILDING/SITE REGULATIONS IPUD District- Minimum project area: -Ione Maximum project area: PleeLess than 5 acres Minimum lot frontage 4: Flexibles Minimum perimeter yard setbacks: Front: Flexible Rear: Flexible Interior side: Flexible Corner side: Flexible Maximum lot coverage: 50% Minimum usable open space(per dwelling unit): 200 square feet 4.72 8} Maximum structure height: 45 feet43 Individual lots within an IPUD development contain flexible standards relative to minimmn required lot frontage and lot area for each unit. j-e-e,4-&asew fid. Pursuant to Chapter 3,Article IV, Section 3.13.,a marina use shall require a minimum lot frontage of one hundred fifty(150)feet and a minimum average width of two hundred(200)feet. 2 The minimum required perimeter building setbacks of an IPUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single-family residential zoning,the required perimeter building setbacks of the IPUD shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also,perimeter buildings shall have an increased setback of one(1)additional foot for every foot of building height in excess of thirty(30)feet. If vegetation,screening,or other barriers and/or creative design on the perimeter of an IPUD achieve compatibility with adjacent uses,the city may grant some relief from the aforementioned requirement. A structure shall be considered to be on the perimeter if there is no intervening building between it and the property line. Project design along abutting roadway(s),including setbacks, shall be based on existing development patterns or applicable recommendation from the respective development plan. a 43 A lesser building height maybe required for compatibility with adjacent development. See Note 42 above for additional setback requirements relative to building height. fIroicCt `it_`+I11ust_fi0"-It 0_r_LL\y4)_t.�`.1 i"-Ite;�i6"cr, ,-Ig H„f1t of. yyrd .� 1,,1d iiiu�t Jnv ,,I 11i11'IC "__I�C �_�4)Cm�m41r_It 4. Review and Approval Process. a. All development and redevelopment within the IPUD district shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2, Article II, Section 2.D.6. b. Site plan approval shall be required in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6. Modifications. Any modification proposed within the IPUD shall be in conformance with Master Plan modifications pursuant to Chapter 2, Article II, Section 2.D.6. 7. Miscellaneous. 19 Page 97 of 142 a. See Chapter 4, Article II, Section 4.13.5 for additional standards pertaining to the required landscaping along rights-of-way. b. See Chapter 4, Article III, Section 4. for community design standards regarding required site design in instances where the subject IPUD project is adjacent to single-family residential zoning districts. c. See Chapter 4, Article VIII, Section 3.C.4.b.(2) for additional standards pertaining to the minimum width of rights-of-way and vehicular circulation. d. If an IPUD is located with frontage on the Intracoastal Waterway, conditions of approval shall include a deed restriction requiring that any marina or dockage builtd will not exceed in width the boundaries of the project's actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit. e. Exterior lighting of the exterior,parking areas and watercraft docking facilities of the planned development shall be of the lowest height, intensity, and energy use adequate for its purpose, and shall not create conditions of glare that extend onto abutting properties. f. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth, and open space. g. Special emphasis shall be placed on trash collection points. It. Trash containers or dumpsters must be screened and designed such that they are not visible from or disruptive to adjacent properties, streets, and rights-of-way while still being conveniently accessible to their users and collectors. L PUD Planned Unit Development District. 1. General. a. Purpose and Intent. The purpose of the PUD zoning district is to implement any of the residential future land use map (FLUM) classifications of the Comprehensive Plan. The intent of this planned district is to promote efficient and eeefietiiiieal land use, improved amenities, appropriate and harmonious physical development, creative design, improved living environment, orderly aria development in the city, and the protection of adjacent an &iistifig and fiittx:city development. The district is suitable for development, redevelopment and conservation of land, water and other resources of the city. Regulations for planned unit developments are intended to accomplish the purposes of zoning, subdivision regulations and other applicable city regulations to the same degree that they are intended to control development on a lot-by-lot basis. In view of the substantial public advantages of planned unit development, it is the intent of PUD regulations to promote and encourage development in this form where tracts suitable in size, location, and character for the uses and structures proposed are to be planned and developed as unified and coordinated units. Densities of such developments shall correspond with the respective FLUM classification. b. Prerequisite Location Standards. The PUD district is 8p+H ,,,.i .1 hei *'_efe i creates an opportunity to promote sustainability with respect to land use, energy conservation;and resource management_-- _*-' on,,;*F-. Rezoning to the PUD district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure,public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. In reaching recommendations and decisions as to zoning land to PUD, the advisory board(s) and City Commission shall apply the following location standards, in addition to the standards applicable to the rezoning of land generally: (1) Major Transportation Facility. oR; ao *� r ��*ri�*� ��*�� * 'Eli ElroaR eA PUD shall have a direct access to a major roadway or a transportation facility so as not to create or generate traffic along streets in residential areas or districts outside it. (2) Public Facilities and Services. A PUD shall be located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utilities systems and installations so that neither extension nor enlargement of such systems will be required in manner, form, character, location, degree, scale or timing resulting in higher net public cost or earlier incursion of public cost than would development 20 Page 98 of 142 in forms permitted under existing zoning in the area. Such PUD's shall be so located with respect to necessary public facilities (e.g., schools,parks, playgrounds) as to have access to those facilities in the same degree as under existing zoning, and shall be so located, designed and scaled so that access for public services is equivalent to, and net cost for the services under existing zoning. (3) Topography. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage, and topography shall all be appropriate to both kind and pattern of use intended. (4) Access. Every dwelling unit, or other use permitted in the PUD, shall have access to a public street directly or via an approved private road,pedestrian way, court, or other area dedicated to public or private use, or common element guaranteeing access. Permitted uses shall not be required to front on a dedicated public road. (5) Utilities. Direct residential and/or consumer service should be by underground installation to the maximum extent practicable; however,primary service to a general geographic area may be served with overhead installation. Appurtenances to these systems which require above ground installation shall be effectively screened, and, thereby, may be exempted from this requirement. Primary facilities providing service to the site of the PUD may be exempted. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. The PUD district allows principal and accessory uses and structures substantially related to the character of the development itself and the surrounding area of which it is a part. 3. Building and Site Regulations (Table 3-1-23). The following building/site regulations apply to the entire PUD development. BUILDING/SITE REGULATIONS PUD District Minimum project area: 5 acres Minimum lot area: Flexibles Minimum lot frontage: Flexibles Minimum perimeter yard setbacks: Front: Flexible Rear: Flexible Interior side: Flexible Corner side: Flexible Maximum lot coverage: N/A Minimum Usable open space(tier dwelling unit) 200 square feet Maximum structure height: 45 feet Individual lots within a PUD development contain flexible standards relative to minimum required lot frontage and lot area for each unit. To be detennined on a case by case basis,depending on the overall project design. 2 The minimum required perimeter building setbacks of a PUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single-family residential zoning,the required perimeter building setbacks of the PUD shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also,perimeter buildings shall have an increased setback of one(1)additional foot for every foot of building height in excess of thirty(30) feet. Project design along abutting roadway(s),including setbacks,shall be based on existing development patterns or applicable recoinmen�da4tion from the�4respective development plan. INTO+RE)FrC11£rl4 fF'iffz 41 S[v1TCS 4. Review and Approval Process. a. All development and redevelopment within the IPUD district shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2, Article II, Section 2.D.6. b. Site plan approval shall be required in accordance with Chapter 2, Article II, Section 2.17. prior to 21 Page 99 of 142 application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6. Modifications. Any modification proposed within the PUD shall be in conformance with Master Plan modifications pursuant to Chapter 2, Article 11, Section 2.D.6. 7. Miscellaneous. The boundaries of land zoned to PUD classification shall be indicated on the official zoning map with the symbol "PUD." The PUD district contains additional standards relative to building design and compatibility with adjacent single-family residential zoning. Refer to Chapter 4, Article III, Section 3.J. for these additional development standards. J. MHPD Mobile Home Planned Development District. 1. General. a. Purpose and Intent. The purpose of the MHPD zoning district is to implement the low density residential (LDR) and medefatdefisity r-esi 'efiti ' 1114ePR+future land use map (FLUM) classifications of the Comprehensive Plan. The intent of this planned district is to provide efficient and imaginative design approaches to community planning, and to accommodate the housing needs of those residents who prefer mobile home living and/or desire a more affordable alternative to conventional dwellings. Deiisitie,s, The MHPD district;s er+H;f,,,,.l .1,4 i � o-e iicreates an opportunity to promote sustainability with respect to land use energy conservation;and resource management_ eh-A-egii+t-y-. Rezoning to the MHPD district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure,public and alternative transportation routes and modes, employment centers, community areas7_e4ift ��rand that are away from high hazard areas. b. Existing Developments. For those mobile home parks in existence prior to the adoption of these Regulations, or annexed to the city subsequent to the adoption of these Regulations, the site regulations under which the park was developed shall continue in force. General maintenance and minor modifications to existing improvements shall be allowed, if such maintenance and improvements do not worsen the extent of nonconformity. Should the park be damaged in excess of seventy-five percent (75%), redevelopment shall require submittal of a site plan for review and processing as a major site plan modification, to indicate how redevelopment will provide maximum compliance with development regulations, with particular emphasis on perimeter setbacks and buffering, and internal roadway design and access for service and emergency vehicles. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-14-3). BUILDING/SITE REGULATIONS MHPD District Minimum project area: 10 acres Minimum lot size: 4,200 s.f. Minimum perimeter setbacks: 25 feet Special perimeter setback reduction for principal and accessory structures: Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than 50% residential: 22 Page 100 of 142 Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Minimum yard setbacks (per lot): Front: 20 feet Rear: 10 feet Interior side: 5 feet Corner side: 10 feet Maximum lot coverage: N/A Maximum structure height: 30 feet F�Sy _1?'r' iw W-1— an 25'Min,. Perimeter setbaCk, t 1 I ' 4- - min.ProWt Area 10 act" "� Miry. Lot Site 4,200 sq,ft. CiR a n a z 0 a , 4. Accessory Structures. a. Structures of a permanent nature shall not be added or attached to a mobile home, unless such mobile home is placed upon a site conforming to the minimum requirements for a mobile home. b. The combined area of all additions or attachments shall not exceed the gross area of the mobile home itself. Carports are not included in the above limitation provided that the width of the individual lot is adequate for separation requirements. 5. Review and Approval Process. a. All development and redevelopment within the 4!bq)-MHPD district shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2, Article 11, Section 2.D.6. b. Site plan approval shall be required in accordance with Chapter 2, Article II, Section 2.F. prior to application for building permit. 6. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 7. Modifications. Any modification proposed within the MHPD shall be in conformance with Master Plan modifications pursuant to Chapter 2, Article 11, Section 2.D.6. 8. Miscellaneous. a. No part of any mobile home, or any addition or appurtenances thereto shall be located within ten (10)feet of any accessory or service building or structure used in connection with a mobile home park. b. Additional perimeter buffering and landscape material may be required as recommended by the Director of Planning and Zoning to ensure compatibility with adjacent properties. (Ord. 10-025,passed 12-7-10; Am. Ord. 12-010,passed 6-19-12; Am. Ord. 12-016,passed 10-2-12; Am. Ord. 16-024,passed 1-3-17; Am. Ord. 17-023,passed 9-19-17) 23 Page 101 of 142 Sec. 3. Commercial Districts. A. C-I Office and Professional Commercial District. 1. General. The purpose of the C-1 zoning district is to implement the office commercial (OC) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to provide appropriate space for office and professional uses, while also serving as a transitional area between residential and higher intensity commercial areas. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-154). No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING/SITE REGULATIONS C-1 District (Overlay regulations may apply. See Section 8 below.) Minimum lot area: 9,000 s.f. Minimum lot frontage: 75 feet Minimum lot depth: 120 feet Minimum yard setbacks: Front: 30 feet Rear: 20 feet Abutting: Residential district(s) 30 feet Interior side: 10 feet Abutting: Residential district(s) 30 feet Corner side: 10 feet Abiditing: Ue„�64s Maximum lot coverage: 40% Maximum Floor Area Ratio (FAR) 0.41 Maximum structure height: 30 feet (For hospitals only) 45 feet A floor area ratio(FAR)up to 0.40 maybe considered for office commercial and related uses allowed within the C-1 district (see "Use Matrix"—Chapter 3,Article IV, Section 3.13.),pursuant to the office commercial future land use classification of the Comprehensive Plan. 2 Buildings designed with under-story parking shall be allowed a maximum building height of thirty-five(35)feet but only with conditional use approval. 4. Review and Approval Process. Pursuant to Chapter 2, Article 11, Section 2.F., site plan approval shall be required for the construction or modification of a non-residential building, structure, or improvement, including any area allocated to an accessory residential unit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. B. C-2 Neighborhood Commercial District. 1. General. The purpose of the C-2 zoning district is to implement the local retail commercial (LRC) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to allow low-intensity commercial uses of a retail convenience that are intended to serve and which are in close proximity to individual residential neighborhoods. Generally, the desired locations of these commercial areas would be at the periphery of one(1) or more neighborhoods along roadway classifications that are able to support the additional traffic. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 34-5-16). No building or portion thereof shall be erected, 24 Page 102 of 142 constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING/SITE REGULATIONS C-2 District(Overlay regulations may apply. See Section 8 below.) Minimum lot area: 5,000 s.f. Minimum lot frontage: 50 feet Minimum lot depth: 100 feet Minimum yard setbacks: Front: 30 feet,2 Rear: 20 feet Abutting: Residential district(s) 30 feet Interior side: 15 feet,-' Abutting: Residential district(s) 30 feet Corner side: 20 feet Maximum lot coverage: 40% Maximum Floor Area Ratio (FAR) 0.501 Maximum structure height: 25 feet iiro low ;'-+e+,r•+, , Z@'-;++g� €Se6tiea helms , '- A floor area ratio(FAR)up to 0.50 may be considered for local retail commercial uses allowed within the C-2 district(see "Use Matrix"—Chapter 3,Article IV, Section 3.D.),pursuant to the local retail commercial future land use classification of the Comprehensive Plan. ",T„f to eKeee f.., i� rf :ter 4. Review and Approval Process. Pursuant to Chapter 2, Article 11, Section 2.F., site plan approval shall be required for the construction or modification of a non-residential building, structure, or improvement, including any area allocated to an accessory residential unit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. C. C-3 Community Commercial District. 1. General. a. Purpose and Intent. The purpose of the C-3 zoning district is to implement the local retail commercial (LRC) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to encourage the development or use of property for appropriate intensive retail commercial uses providing for a wide range of goods and services, located along major thoroughfares. The ehe;�e. b. Prerequisite Location Standard. In reaching recommendations and decisions as to zoning land to C-3, the advisory board and City Commission shall apply the following location standards, in addition, to the standards applicable to the rezoning of land generally: (1) Centrally and accommodating multiple neighborhoods; and (2) Abutting to at least one (1) r,,,,;el:+Lhel:^ ighf f:earterial roadway. 25 Page 103 of 142 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-167). No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING/SITE REGULATIONS C-3 District (Overlay regulations may apply. See Section 8 below.) Minimum lot area: 15,000 s.f. Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 20 feet Rear: 20 feed Abutting: Residential district(s) 30 feet Interior side: 0 feet Abutting: Residential district(s) 30 feet Corner side: 20 feet AbidiUef� L�sl nm� Maximum lot coverage: 40% Maximum Floor Area Ratio (FAR) 0.503 Maximum structure height: 45 feet Where rear yard access is available from a public street or alley,rear yard may be decreased by one-half(1/2)the width of such street or alley,but in no case shall a rear yard be less than ten(10)feet. 32 Where rear access is not available from a public street or alley,a side yard of not less than fifteen(15)feet shall be provided on one(1)side. 11 A floor area ratio(FAR)up to 0.50 maybe considered for local retail commercial uses allowed within the C-3 district(see "Use Matrix"—Chapter 3,Article IV, Section 3.13.),pursuant to the local retail commercial future land use classification of the Comprehensive Plan. 3 rror c++�cztC-cccc,a fO mss zv,, A i4iel e Al Se fl-- _,+; pliie.,+4 E0 r-F1-,,,;1A4 4+ 4.4 Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6-5. Exterior Storage of Merchandise and Equipment. See Chapter 3, Article V, Section 8 for the regulations pertaining to the permanent exterior storage of merchandise and equipment. D. C-4 General Commercial District. 1. General. The purpose of the C-4 zoning district is to implement the general commercial (GC) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to accommodate service and intensive commercial establishments and limited light industrial uses, and to serve as a transitional area between lighter commercial areas and general industrial uses or operations. 26 Page 104 of 142 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-1-78). No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING/SITE REGULATIONS C-4 District (Overlay regulations may apply. See Section 8 below.) Minimum lot area: 5,000 s.f. Minimum lot frontage: 50 feet Minimum lot depth: 100 feet Minimum yard setbacks: Front: 25 feet Rear: 20 feee Abutting: Residential district(s) 30 feet Interior side: 15 feet"l-' Abutting: Residential district(s) 30 feet Corner side: 15 feet4 Abidit ng:Res4lef+�cc�sl 4 Maximum lot coverage: 40% Maximum Floor Area Ratio (FAR) 0.50¢2 Maximum structure height: 45 feet iiSa low ;'-+e+,r•+, , Z@'-;++g� €Se6ti� helms , '- Where rear property line abuts a public street or alley,rear yard setback maybe reduced to ten(10)feet and no side yard shall be required,except on corner lots or where abutting single-family uses. -12 A floor area ratio(FAR)up to 0.50 maybe considered for general commercial uses allowed within the C-4 district(see "Use Matrix"—Chapter 3,Article IV, Section 3.),pursuant to the general commercial future land use classification of the Comprehensive Plan. 3 Not 4o d � 14, 7 ,�tio-w- ivGziGGGCC�VCC kTrJ[vrzc��"'i4'PPGe? 8.9.below, 11 _R; _ t' /2 r\i�@@ti rzi€rTTr� -54. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6. Exterior Storage of Merchandise and Equipment. See Chapter 3, Article V, Section 8 for the regulations pertaining to the permanent exterior storage of merchandise and equipment. E. CBD Central Business District. 1. General. The p ,,pos of+Lhe CBD zoning district was established with the intent to serve the entire community, create a high volume of pedestrian activity,provide business, recreation and residential opportunities, and maximize the potential of the waterfront. This district is t �' €«e Ek�C�considered the predecessor to the high density urban mixed use zoning districts, and will eventually 27 Page 105 of 142 be sulanted by them. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 31 Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-18-9). No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged, or used unless the premises and buildings shall comply with the following regulations: BUILDING/SITE REGULATIONS CBD District Minimum lot area: 15,000 s.f. Minimum lot frontage: 75 feet Minimum lot depth: 100 feet Minimum yard setbacks: Front: 0 feet Rear: 20 feet' Interior side: 0 feet Corner side: 8 feet Waterfront yard (from navigable water): 8 feet3 Minimum living area: 750 s.f. Maximum lot coverage: 75% Parking garages: 85% 1444 Maximum structure height: 1 45 feet4 Where rear property line abuts a public street or alley,rear yard setback may be reduced to eight(8)feet at first floor level,in which case,no setback shall be required at all other floor levels. 2 Eight(8)feet is require at first floor level. No setback shall be required at all other floor levels. 3 Waterfront setbacks shall be measured from the property where the body of water is under different ownership than the subject property line; however,setbacks are measured from the mean high water line if the body of water is under the same ownership as the subject property. 4 Fafty f4ve 145,€eeI a €�iceed�aw"`st mss— The maximum building height shall be forty-five(45)feet,except for buildings which contain a mix of uses(residential in combination with non-residential uses). In these instances,the maximum building height maybe increased to one hundred(100)feet,but contingent upon conditional use approval. Mechanical equipment which exclusively serves the structure shall not be included in the calculations of height. 4. Review and Approval Process. All development and redevelopment shall require site plan approval in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 5. Parking. a. General Requirements. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. b. Specific for CBD District. As required by Chapter 4, Article V, Section 3.E. The CBD district contains additional standards relative to location and appearance of off-street parking facilities. Refer to Chapter 4, Article III, Section 3.C. for these additional development standards. 6. Miscellaneous. a. Building Location and Massing. See Chapter 4, Article III, Section 3.H. for additional regulations pertaining to mixed use developments. b. Shade and Shelter. See Chapter 4, Article III, Section 3.H. for additional regulations pertaining to mixed use developments. 28 Page 106 of 142 F. PCD Planned Commercial Development District. 1. General. a. Purpose and Intent. The purpose of the PCD zoning district is to implement the office commercial (OC), local retail commercial (LRC), and general commercial (GC) future land use map (FLUM) classifications of the Comprehensive Plan. The intent of this planned district is to provide a place for commercial developments that will better satisfy current demands for commercially zoned lands by encouraging development which will reflect changes in the concepts and the technology of land development and relate the development of land to the specific site, to conserve natural amenities and to allow for the mitigation of negative impacts which result from land development. In addition, this district is considered the predecessor to the suburban mixed use(SMU) zoning district. With i:espeet t lefitia „ROR the PC;D RLE-1-- b. Prerequisite Location Standards. The PCD district is ,,pli i when t ,- is creates an opportunity to promote sustainability with respect to land use, energy conservation and,resource management_; ss_4al � Rezoning to the PCD district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure,public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. In reaching recommendations and decision as to zoning land to PCD, the advisory board and City Commission shall apply the following location standards, in addition to the standards applicable to the rezoning of land generally: (1) Along major roadways or other transportation facilities as to provide direct access without creating or generating an unacceptable level of traffic along streets in residential areas or districts outside it. (2) Extensions of publicly owned and maintained utilities and storm sewers, etc. shall be constructed by the applicant at no expense to the city and said utilities, etc. shall be deeded to the city clear of any encumbrances. Construction standards employed in the installation of publicly maintained utilities and storm sewers shall be those promulgated by the Engineering and Utility Departments as amended periodically. Concerning streets, consistent with the intent of these Regulations, any required roadway improvements shall be constructed at the applicant's expense including the dedication of additional rights-of- way as noted in the+ affie and eife,,'„*ie Transportation Eelement of the Comprehensive Plan and the replacement of roadway capacity when applicable. (3) The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage, and topography shall all be appropriate to both kind and pattern of use intended. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-4-4-20). In addition to the design and construction criteria established in other chapters or sections of the Boynton Beach Land Development Regulations, the following design criteria shall be applicable to the zoning, design, and construction of planned commercial develo meats: BUILDING/SITE REGULATIONS PCD District Minimum lot area: 3 acres Minimum lot frontage: Flexible Minimum perimeter yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 30 feet Corner side: 30 feet 29 Page 107 of 142 Maximum lot coverage: 40%2l Maximum Floor Area Ratio (FAR) 0.541'- Maximum .5412Maximum structure height: 45 feet —�The total ground floor area of all buildings and accessory structures shall not exceed forty percent(40%)of the plot on which they are constructed. —�A floor area ratio(FAR)of up to 0.50 maybe considered for local retail coimnercial uses allowed in the PCD zoning district (see "Use Matrix"—Chapter 3,Article IV, Section 3.13.),pursuant to the local retail coimnercial future land use classification of the Comprehensive Plan. 4 �`�vrcchi f-,,,I A\ +-,;es. 4. Review and Approval Process. a. All development and redevelopment within the PCD district shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2, Article II, Section 2.D.6. b. Site plan approval shall be required in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6. Modifications. Any modification proposed within the PCD shall be in conformance with Master Plan modifications pursuant to Chapter 2, Article 11, Section 2.D.6. 7. Miscellaneous. a. Perimeter Landscape Buffer. See Chapter 4, Article II, Section 4.C.3. b. Off-street Loading. See Chapter 4, Article VI, Section 3.D. c. Platting. All planned commercial developments are subject to and shall be developed consistent with the requirements of Chapter 2, Article III, Section 2 and Chapter 4 of the Boynton Beach Land Development Regulations. d. Site plan. All plans for lots or parcels proposed to be developed within planned commercial developments are subject to and shall be developed consistent with the requirements of Chapter 2, Article 11, Section 2.17., Land Development Regulations. e. Building Permit. No building permits shall be issued unless and until platting procedures and the requirements outlined in Chapter 2, Article IV, Section 2 of the Land Development Regulations are completed in every respect. (Ord. 10-025,passed 12-7-10) Sec. 4. SMU Mixed-Use Suburban District. A. General. 1. Purpose and Intent. The purpose of the SMU zoning district is to implement the mixed uses low ( SMXL);and -development of regional impact (DRI)_ ++ subsequently � 1 €d uture land use map (FLUM) classifications of the Comprehensive Plan. In order to guide the redevelopment and envisioned growth of the suburban area, the SMU zoning district requires a diversity of land uses, accommodating a mixture of residential, office, retail, recreational, and other miscellaneous uses. Ideally, the SMU district is intended to supplant the PCD district for new developments and projects to encourage the inclusion of residential uses and well-planned mixed use projects designed in accordance with smart growth principles and best planning practices. Densities of such developments shall eef:eR .en � *'- *',e rest)oeiive FLT elassifie, e 1;ri ---- be no greater than twenty (20) dwelling units per acre. This mix of uses may be arranged either vertically or horizontally within low-to-mid-rise developments. The review of SMU applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. The specific objectives of the SMU district are as follows: a. Support and enhance development and redevelopment efforts in suburban areas outside of the downtown redevelopment area; 30 Page 108 of 142 b. Create major new mixed use areas in planned locations with appropriate densities, heights, and mixture of uses; c. Create attractive pedestrian environments through appropriate separation from and design of vehicular circulation areas; d. Provide public plazas and gathering places that are both well-designed and integrated into the overall design of the development; e. Allow flexibility in architectural design and building bulk, while maximizing compatibility and harmony with adjoining development; f. Create higher quality environments for residents, businesses, employees, and visitors; and g. Encourage innovative design that achieves vertical and horizontal integration of uses. 2. Prerequisite Location Standards. The SMU district is ep+ .,,,,.i .414_,e, +'_efe ii reates an opportunity to promote sustainability with respect to land use, energy conservation and,resource management_ eeftt4y. Rezoning to the 41W-P-SMU district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure,public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. The SMU district shall only be applicable to lands located west of I-95 on assembled parcels along major arterials. de of the downtown fed€��i� B. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. C. Additional Use Regulations. 1. Mixed Uses. Buildings containing residential and non-residential uses are required within the SMU zoning district and shall be subject to the development standards indicated in Section 4.D. below. With the exception of designated live/work units, no residential uses are allowed on the ground floor of mixed use buildings fronting on arterial streets. The ground floor of mixed use buildings shall be reserved for non- residential uses. 2. Design. Mixed use projects containing residential components shall include appropriate design, materials, and site layout in order to maximize compatibility with residential uses located on upper floors. 3. Live-Work Units. The city contains special regulations regarding required parking and allowable signage for live/work units (see Chapter 4, Article V, Section 2 and Chapter 4, Article IV, Section 3.C.13., respectively). D. Building and Site Regulations. 1. Building and Site Regulation (Table 3-218). SUBURBAN MIXED-USE(SMU) DISTRICT Types of Uses Residential Single-Family Other Uses(includes Building/Site Regulations (Attached or Detached) Multi-Family Mixed-Use) Density(dwelling units per acre) 20 20 N/A Project Area,Minimum: SMU district- 10 acres' Lot Area per unit,Minimum(square feet): Flexible4U Flexibles=i—'- 10,000' Lot Frontage,Minimum(feet): Flexible4U 100 100 Living Area,Minimum A/C(square feet): 1,2004' 750" 750" Floor Area Ratio(FAR),Maximum: N/A N/A 4-92_5&6 Structure Height,Minimum(feet): 3592 3542 35`2 Structure Height,Maximum(feet): 35 5544,448 55'14,48 Build-to-line(feet): Front: 10'1 10' 33 4•'-6 10' 4-4-715 31 Page 109 of 142 Building Setbacks,Minimum(feet): Side: 15 corner 10 end 10,14 044,441 4'442 Rear: Flexible4U 1564 Flexible�?,4--U Usable Open Space,Minimum(square feet): 30%111 172U 20%910 11,4- 200/6111` rCixnai��'" � 41. Porches maybe placed forward of the build-to line and shall maintain a minimum two(2)-foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is twenty(20)feet. Where less than twenty(20)feet,garage access required from side or rear. 42. Projecting feature(s)such as awnings,balconies,porches and/or stoops may be placed forward of the build-to line and shall maintain a minimum two (2)-foot setback from any public sidewalk. 5-3. Front yard build-to line along major arterial roads,a maximum of ninety(90)feet inclusive of a twenty-five(25)-foot landscape buffer, including a bene.- 4-4 The height setback envelope in accordance with Section 4.13.3.below shall apply where adjacent to developed single-family residential zoning districts. T5. One(1)or more projecting feature(s)such as awnings,balconies,colonnades,porches and/or stoops required forward of the build-to line and shall maintain a minimum five(5)-foot clearance from any vehicle use area. Elements projecting over a pedestrian walkway shall allow a minimum nine(9)-foot vertical clearance and five(5)-foot horizontal pedestrian clearance. 96. Excluding ride..*;^' R parking structures. 37. Applies to any facade with arterial roadway frontage. Multiple-story buildings are encouraged along arterial roadways. The intent of this provision is to create the appearance,or simulate the intensity of,a minimum two (2)-story building. Conditional use approval required if less than the thirty-five(35)foot minimum. 44-8. Building heights between fifty-five(5 5)feet and seventy-five(75)feet to 44e peak a�44es4�do� s 4etai45-inay be allowed only for interior buildings(those buildings separated from the property line by another project building or use),if approved as a conditional use. 4.P.-2.-' X18 ie pt4 ems' ........r,�ig A-11 I1 a @Wed. 44-9. Usable open space shall provide active or passive recreational space and shall not be occupied by water bodies,streets, drives,parking areas,or structures other than recreational structures. 4-110. At least fifty percent(50%)of the required usable open space for single-family residential uses shall be contained in one (1)or more common pooled areas and a rectangle inscribed within each common pooled area shall have no dimension less than seventy-five(75)feet. 4411. Up to fifty percent(50%)of the usable open space required for"inulti-family" and"other uses"may be hardscaped plazas and public gathering places. 4.412. To be determined on a case by case basis,depending on the overall project design. SMU dist4e+4&- 3-2. Height Setback Envelope. Minimum building setbacks shall be based on building heights. The height setback envelope is applicable where the SMU development is adjacent to a developed single- family residential zoning district. This minimum setback shall be three (3) times the building height for any multi- family or non-residential structure. The setback shall be measured from the common boundary of the SMU and the single-family residential zoning district or the midpoint of any intervening right-of-way. 32 Page 110 of 142 Mamirn u rn height up to M with md4bonal Lose apMwsi (need Irrovening building d abwang sr ll r ) Intervening ildi Adjacent cry: f famay residential A z Max 4 Pt, From 9mback: Aare.21T, �90' IOU s Arrdu�f rCy�ersi strtare to be set back 3 ann building E. Review and Approval Process. 1. All development and redevelopment within the SMU district shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2, Article II, Section 2.D.6. 2. Site plan approval shall be required in accordance with Chapter 2, Article II, Section F. prior to application for building permit. F. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. See Chapter 4, Article III, Section 6.17.4 for additional community design standards pertaining to off-street parking. G. Modifications. Any modification proposed within the SMU district shall be in conformance with Master Plan modifications pursuant to Chapter 2, Article II, Section .D.6. H. Miscellaneous. 1. Common Areas. Prior to approval of the final plat by the City Commission, the developer shall file association documents or alternative agreements that assign responsibility for and ensure the perpetual operation and maintenance of all common facilities of the development. The common facilities addressed within this agreement shall include but not be limited to the following: private streets, drive aisles, parking areas,plazas, open space, landscaping, and recreation facilities. All documents are subject to the review of the City Attorney. 2. Landscaping. a. Trees. See Chapter 4, Article II, Section 4.A.3.a. b. Irrigation. See Chapter 4, Article II, Section 4.A.6. c. Perimeter Buffer. See Chapter 4, Article II, Section 4.C.3. 3. Dumpster Location. See Chapter 4, Article VI, Section S.A. 4. Sidewalks. See Chapter 4, Article VIII, Section 3.D. (Ord. 10-025,passed 12-7-10; Am. Ord. 12-016,passed 10-2-12) Sec. 5. Mixed-Use(Urban) Districts. A. General. 1. Purpose and Intent. The urban mixed-use zoning districts are ffiesl�intended to implement the CRA Community Redevelopment Plans-,-rr-pa4-,_7by providing for a mixture of land uses, accommodating varying densities and intensities appropriate for each CRA district, and by establishing quality streetscapes and pedestrian environments as part of a compact urban setting. The mixed use districts also support transit ridership, in particular through higher density and intensity development within the designated Downtown Transit-Oriented Development District (DTODD). Additional standards and requirements of this section are based on the proximity to the planned train station, and location within the transit core, which is defined as the area extending one-quarter(1/4) mile from the train station. To ensure compliance with these Regulations, an application for site plan approval shall be required and reviewed concurrently with any 33 Page 111 of 142 request to rezone lands to a mixed-use (urban) district, except as provided in Section 2.D.Le. Also see Chapter 4, Article III, Section 6.H-. for design and compatibility standards. The objectives of the mixed-use (urban) districts are as follows: a. Support and enhance revitalization efforts in the city's traditional commercial core area through the provision of compact, transit-supportive, high density and intensity development; b. Allow for commercial services to be provided to new residential developments in planned locations with appropriate densities, heights, and mixtures of uses; c. Create optimal pedestrian environments and spaces through well located public plazas, expanded public sidewalks, maximized internal and external interconnectivity and design of pedestrian-friendly vehicular circulation areas; d. Allow flexibility in architectural design and building bulk while maximizing compatibility and harmony with adjoining development; e. Create surrounding areas that complement rather than compete with the downtown; and f. Create higher quality environments for residents, businesses, employees, and visitors as determined by how well the urban centers function seamlessly with respect to interconnectivity between the principal uses, activity centers, and transportations systems, forming a cohesive and desirable sense of place. 2. Description of Districts. a. Mixed Use 1 (MU-1). The MU-1 district implements the Mixed Use Low (MXL) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of twenty (20) dwelling units per acre, except within the Downtown Transit-Oriented Development District (DTODD) (the Station Area), where the maximum density may be twenty-five(25) dwelling units per acre through participation in the City's Workforce Housing Program. In addition,projects located within the transit core of the Station Area shall have a minimum density of eleven (11) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. b. Mixed Use 2 (MU-2). The MU-2 district implements the Mixed Use Medium (MXM) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of�hir4y� forty (43-0) dwelling units per acre, except within the Downtown Transit-Oriented Development District (DTODD) (the Station Area) where the maximum density may be ffy ( 4 50 dwelling units per acre through participation in the s Workforce Housing Program. In addition,projects located within the transit core of the Station Area shall have a minimum density of twenty (20) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. c. Mixed Use 3 (MU-3). The MU-3 district implements the Mixed Use Medium (MXM) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of€eery- fifty (4850) dwelling units per acre, except within the Downtown Transit-Oriented Development District (DTODD) (the Station Area), where the maximum density may be€sixty two and one-half (-5 }62.5) dwelling units per acre through participation in the Workforce Housing Program. In addition,projects located within the transit core of the Station Area shall have a minimum density of thirty (30) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. d. Mixed Use-4 (MU-4). The MU-4 district implements the Mixed Use High (MX-H) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of sixty (60) dwelling units per acre, except within the Downtown Transit-Oriented Development District (DTODD) (the Station Area), where the maximum density may be seventy-five(75) dwelling units per acre through participation in the C Workforce Housing Program. In addition,projects located within the transit core of the Station Area shall have a minimum density of thirty five(35) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. The intent of this new district is to facilitate the establishment of high density and intensity development nodes at strategic locations that support downtown redevelopment, while in certain location also providing a proper continuum of, or transition in scale between the Mixed Use Core (MU- C) and Mixed Use 3 (MU-3) Districts. 34 Page 112 of 142 e. Mixed Use Core(MU-C). The MU-C district implements the Mixed Use - High(MXH-G) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of eighty (80) dwelling units per acre, except within the Downtown Transit-Oriented Development District(DTODD) (the Station Area), where the maximum density may be one hundred (100) dwelling units per acre through participation in the s Workforce Housing Program. In addition,projects located within the Station Area shall have a minimum density of thirty (30) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. The intent of this district is to supplant the Central Business District (CBD) in the historic downtown and marina. 3. Location and General Use Requirements. a. General. The mixed use(urban) districts are intended for projects that promote sustainable design with respect to land use, energy conservation, resource management, and social equity. Rezoning to any of these districts is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure,public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. The mixed use (urban) zoning districts shall be applied to selected geographic areas east of I-95, where a mixture of uses and building intensities is intended to implement the r;*y's GempPari CRA Community Redevelopment Plan;and urban design guidelines including goals involving compact design, transit-oriented development, employment,population, transportation, housing,public facilities, and environmental quality. Permitted uses and associated standards for development vary between the zoning districts each reflecting the importance of the district's location and relationship to the downtown. Maximum heights, densities, and intensities of development are regulated to achieve, in part, the intended vision as established within the CRA Community Redevelopment Plan for each of the six planning districts, while ensuring land use compatibility. A master plan as a whole, comprised of individual buildings and parcels, would be reviewed for compliance with the requirements below pertaining to a residential component to the project, and commercial use on the first floor of a project. s of S y e �e�D- b. Mixed Use 1 (MU-1), Mixed Use 2 (MU-2), and Mixed Use 3 (MU-3). (1) In order to complement the revitalization efforts in the downtown area, these NPJ-L—zoning districts shall be applied to lands consistent with the Comprehensive Plan Future Land Use Map and CRA Community Redevelopment Plan. S*Fpe* and See*ko„R* 's* S*r-e,.,* See the Community Redevelopment Plan for specific recommendations on locations and boundaries. (2) These MU districts are appropriate for low- to mid-rise developments that provide for medium density residential and low to medium intensity commercial and office uses. (3) The review of these applications will emphasize compactness, aesthetics and design quality, and physical compatibility with adjacent land uses. (4) Except where limited by Table 3-24-2 in Chapter 3, Article III, Section S.C., all new developments within the MU-1 and MU-2 districts that contain a non-residential use shall front on streets designated as "arterial", or "collector", roadways on the Functional Classification of Roadways Map. All projects within the MU-3 district proposed within the transit core must contain a residential component, and all projects proposed within these Mixed Use intensity districts that front on an arterial road must have space on the first floor devoted to commercial or an active use. (5) Maximum height may be further limited in certain geographic areas to further applicable redevelopment plans and maintain compatibility with an abutting single-family district. c. Mixed Use-4 (MU-4). (1) The Mixed Use 4 (MU-4) district shall only be applied to land classified as mixed use-eefe-high (MXH-G) on the future land use map as recommended by the Community Redevelopment Plan. (2) The MU-4 district is appropriate for high density/intensity development intended for designated 35 Page 113 of 142 nodes, T ea+eA east E)f tile FF planf * e � fAI'l--',�° � . Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit-Oriented Development District (the Station Area) must contain a residential component and have space on the first floor whi eh shall he devoted to commercial uses for those portions of the project having frontage along Ocean Avenue or an arterial road. (3) All new developments within this district shall front on streets designated as "arterial" roadways on the Functional Classification of Roadways Map. d. Rezoning of s-Single-family d-Districts. All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: (1) Height, density and intensity of development shall be consistent with the CRA Redevelopment Plan for the gpplicable district,Red e;.e e en+ r,;s ,-; (2) Ratio of lot frontage to depth that is no more than one(1) foot(frontage) to one and one-quarter (1.25) foot (depth); (3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and (4) Landscape barriers provided, in accordance with the landscape regulations of this Code, where the rezoned property abuts single-family residential zoning. e. Mixed Use Core(MU-C). (1) The Mixed Use C (MU-C) district shall only be applied to lands classified as mixed use-high (MX-H) on the future land use map. (2) The MU-C district is appropriate for high density/intensity development intended for the downtown area., Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit-Oriented Development District(the Station Area) must contain a residential component and have space on the first floor whieh shall he devoted to commercial uses for those portions of the project having frontage along Ocean Avenue or an arterial road. (3) All new developments within this district shall front on streets designated as "arterial" roadways on the Functional Classification of Roadways Map. f. Rezoning of s-Single-family dDistricts. All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: (1) Height, density and intensity of development based on the standards indicated in Table 3-24-2; (2) Ratio of lot frontage to depth that is no more than one(1) foot (frontage) to one and one-quarter (1.25) foot (depth); (3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and (4) Landscape barriers provided, in accordance with the landscape regulations of this Code, where the rezoned property abuts single-family residential zoning. B. Use(s)Allowed. See "Use Matrix, Table 3-28" in Chapter 3, Article IV, Section 3.D. C. Building and Site Regulations. 1. Building and Site Regulation Table 3-2-�2 . MIXED USE,URBAN(overlay regulations may apply.See Section 8 MU-1 MU-2 MU-3 MU-4 MU-C below. Lot Area,Minimum(acres): Public park: N/A N/A N/A N/A N/A All other uses: 0.50 0.75 1 1 1 Lot Frontage,Minimum(ft.)' 100 100 150' 200 200 36 Page 114 of 142 Structure Ht.,Minimum(ft.) 30 30 30 45 45 Maximum Height(ft.)' 4 55 65 75 100 150/125' Maximum Density(DUs/Acre)",12 20 40 50 60 80 Maximum F.A.R.11 4-42_5 X3_0 3.0 4.0 4.0 Build-to-line(ft.)': All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' Abutting a Local street 0' 0' 0' 0' 0' Interior side 0' 0' 0' 0' 0' Building Setbacks,Minimum(ft.)': Rear abutting Residential single-family 255/05,6 255 255 255 255 Intracoastal waterway 25' 25' 25' 25' 25' Side abutting Residential single-family: 255/05,6 255 255 255 255 Usable Open Space,Minimum(sq.ft.)' N/A N/A 4/4— 1% 2% 0.5 1. May be reduced if frontage extends from right-of-way to right-of-way. 2. Reserved. 3. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway is thirty-five(35) feet cotlslscc„t fors dept i of a minimum of 1i t� (30)t Wit. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. Maximum heights may be increased in the DTODD through participation in the Workforce Housing Program. 4. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts any other MU or residential zoning district not separated by a right-of-way. 5. Plus one(1)additional foot for each foot of height over thirty;-five(35)feet. 6. Where there is an intervening right-of-way of at least forty(40)feet. 7. Buildings and structures shall be located no farther than zero(0)feet from the property line,except in conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or when additional setback is necessary to provide for required"Pedestrian Zone” (PZ).Building placement is a factor of roadway type and CRA district,which determine s the mini ti,tit i,width and design of the PZ. t;x- +w+e-t'C'he minimum PZ�k M- 49L,44�11I4 4*M 1€-Is coii11.3'Hs [ed o I C1111�)P I"'IC` 1 d 3 fi t` R)ot "vi dl- str-let tr c a `l.111t':3`�U]",d fiwi11 til-1 back of t11C 4llrb, o= fUtLTIT 4Llri o,1 f4)ad` ' tlt':irl ;1(;,IC oia\ - m- lt"l[IC) --�)_l'I-m 1P'IC( � C Cci1 t �) focC-An Id `1C.At lf.- ' '_4)117._ oi?Ctractlouis,mc:t`�C1r d fiom Ci1c ccuIC``," IilI o� Cio" C, `3,"I.d.3d 3'I I<';IC t �oo[ `t'Id :lcClt` :llc`l.llliw:t`ttl" d 410111 ti"7o sId` v:1lk.. 1 he PZ compo,,mnt`�may vary fi 7i 6"1]YC IC C1'd 0 1 G 0 1 `I[ ` tt IC 7.Co it, CI'"1« I I,',,7:C'04 it':tV, Iii tlOi"'t . See Section 5.C.2. below for additional relief provisions from build-to line requirements. 8. Listed eligible historic structures are not required to meet these standards. 9. Usable open space shall be required for all developments two (2)acres in size or larger which shall be devoted to plazas or other public open space,excluding private recreation. See Chapter 4,Article III, Section 8 for additional regulations. 10. Projects within the transit core shall have minirmun densities as follows:MU-1 -eleven(11),MU-2 -twenty(20),MU-3 - thirty(30),MU-4-thirty-five(35)and MU-C-forty(40)dwellings per acre(except that minimum density for the MU-C district applies to projects located within the entire station area). 37 Page 115 of 142 11. Projects within the transit core shall have a minimum FAR as follows:MU-3 -one and three-quarters(1.75),MU-4(2.0)and MU-C-two (2.0)(except that minimum FAR for the MU-C district applies to projects to be located within the entire station area). 12. The maximum density for projects within the Downtown Transit-Oriented Development District(the Station Area)maybe increased up to twenty-five percent(25%)over the maximum density allowed in the underlying zoning district through participation in the City's Workforce Housing Program. 2. Minor and Major Variations to Build-to Line Requirements. Notwithstanding the required build-to line I c dgstx-i �4 r n4e requirements of Note 47-44 above,portions of buildings and structures may be constructed in excess of the distance specified in the above table, but not to exceed fifteen (15) feet in order to 1) optimize landscape design; 2) maximize on-site drainage solutions; 3) accommodate architectural features and building enhancements; or 4) to otherwise enhance public spaces such as sidewalks,plazas, fountains, or outdoor seating areas in order to farther the purpose and intent of the Overlay-Z-effe. Major deviations from the build-to line requirement above (in excess of fifteen (15) feet) may be allowed, but only with sufficient justification and contingent upon the approval of a Community Design Appeal application (see Chapter 2, Article II, Section 4.13.). 3. Additional Standards. See Chapter 4, Article III, Section 6.H. for additional standards related to urban design and building location for properties located in within the transit core of the Downtown Transit- Oriented District Overlay Z-ef+e-(the Station Area). D. Review and Approval Process. 1. All development and redevelopment within the urban mixed use districts shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2, Article II, Section 2.D.6. 2. Site plan approval shall be required in accordance with Chapter 2, Article 11, Section 2.17. prior to application for building permit. E. Parking. 1. General Requirements. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 2. Reduced Parking Requirements in MU-H District. See reduced parking requirements for specific uses within the MU-H district in accordance with Chapter 4, Article V, Section 2.13. 3. Off-Street Parking Facilities. The mixed use (urban) districts contain additional standards relative to location and appearance of off-street parking facilities. Refer to Chapter 4, Article III, Section 6.17. for these additional development standards. F. Miscellaneous. 1. Access. See Chapter 4, Article VI, Section 3.C.8. 2. Building Location. See Chapter 4, Article III, Section 6. 3. Location of Dumpsters and Trash Receptacles. See Chapter 4, Article VI, Section 4.C. 4. Shade and Shelter. See Chapter 4, Article III, Section 6. 5. Sidewalks in MU-H District. See Chapter 4, Article III, Section 6 for community design standards related to sidewalks. 6. Landscape and Streetscape Design. See Chapter 4, Article II, Section 4.13.5. (Ord. 10-025,passed 12-7-10; Am. Ord. 12-016,passed 10-2-12; Am. Ord. 13-013,passed 6-4-13; Am. Ord. 14-009,passed 7-1-14; Am. Ord. 15-006,passed 3-2-15; Ord. 15-023,passed 10-6-15; Am. Ord. 16-023, passed 1-3-17; Am. Ord. 17-023,passed 9-19-17) Sec. 6. Industrial Districts. A. M-1 Industrial District. 1. General. The purpose of the M-1 zoning district is to implement the industrial (I) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to allow industrial uses that provide opportunities for the retention and expansion of economic activities associated with manufacturing,processing, or assembly plants, including their support enterprises for warehouse, storage, distribution, research, and development. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations Table 3-22L3). BUILDING/SITE REGULATIONS 38 Page 116 of 142 M-1 District Minimum lot area: 10,000 s.f.i Minimum lot frontage: 0 feet Minimum yard setbacks: Front: 15 feet Rear: 20 feet Abutting: Residential district(s) 30 feet Interior side: 15 feet3 Abutting: Residential district(s) 30 feet Corner side: 15 feet Maximum lot coverage: 60% Maximum Floor Area Ratio (FAR) 0.504 Maximum structure height: 45 feet A property that does not meet this minimum size shall be considered conforming only if it contains a whole platted lot and was not in combination with other lots under the same ownership at the time of the effective date of this ordinance(October 2,2012),in which the cumulative size would have imet the minimum required by code. Any such undersized lots that are further subdivided and reduced in size shall be considered non-conforming pursuant to Chapter 3,Article V, Section 11. 2 Where rear yard abuts a railroad right-of-way or any paved alley,the rear yard imay be reduced to ten(10)feet. 3 Where rear yard abuts a paved alley or street,then no side setback shall be required. 4 A floor area ratio(FAR)up to 0.50 imay be considered for industrial uses allowed within the M-1 district(see "Use Matrix"— Chapter 3,Article IV, Section 3.13.),pursuant to the industrial future land use classification of the Comprehensive Plan. ��-^or-c�cztC-cccczv��a�vires 4. Review and Approval Process. Non-residential uses shall require site plan approval in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6. Exterior Storage of Merchandise and Equipment. See Chapter 3, Article V, Section 8 for the regulations pertaining to the permanent exterior storage of merchandise and equipment. B. PID Planned Industrial Development District. 1. General. a. Purpose and Intent. The purpose of the PID zoning district is to implement the industrial (I) and development of regional impact(DRI) future land use map (FLUM) classifications of the Comprehensive Plan. The intent of this planned district is to: (1) Provide for current demands for light industrial and other compatible uses in a planned setting. This district is intended for development that reflects changes in technology and is capable of being designed sensitive to the environment; (2) Create a desirable environment for employees, customers and others traversing the PID as well as with respect to r,,,feno and fits -e adjacent residential development; require economies of scale in providing public services; require placement within close proximity to other employment centers; and provide internal and external connectivity through optimal design and access to available modes of transportation. b. Prerequisite Location Standards. The PID district is ep+i ,,,ffi is, reates an opportunity to promote sustainability with respect to land use, energy conservation;and resource management_; soY. Rezoning to the PID district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure,public and alternative transportation routes and 39 Page 117 of 142 modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. In reaching recommendations and decisions as to zoning land to PID, the advisory board and City Commission shall apply the following location standards, in addition to the standards applicable to the rezoning of land generally: (1) Relation to major transportation facilities. A PID shall be so located with respect to major roadways or other transportation facilities as to provide direct access to it without creating or generating traffic along streets in residential areas or districts outside it. (2) Extensions of city-maintained waterlines, sewer lines,pumping stations, streets and storm sewers, etc., shall be constructed at no expense to the city and all such construction shall be in accordance with city ordinances and specifications. (3) The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage and topography shall all be appropriate to both kind and pattern of use intended. 2. Use(s)Allowed and Use Approval. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-23-4). BUILDING/SITE REGULATIONS PID District Minimum project area: 25 acresi Minimum lot frontage: Flexible Minimum yard setbacks: Front: 30 feet Rear: 30 feet Interior side: 20 feet Corner side: 30 feet Maximum lot coverage: 60%-' Building Separation: 25 feet Maximum Floor Area Ratio (FAR) 0.5} Maximum structure height: 45 feet¢' Twenty-five(25)contiguous acres. 0 of 7 n 13,7 D1 No more than four(4)stories,with the exception of buildings in mixed use pod of the PID pursuant to Section 68.8.below. 4. Review and Approval Process. a. All development and redevelopment within the PID district shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2, Article 11, Section 2.D.6. b. Site plan approval shall be required in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6. Modifications. Any modification proposed within the PID shall be in conformance with Master Plan modifications pursuant to Chapter 2, Article 11, Section 2.D.6. 40 Page 118 of 142 7. Miscellaneous. a. Perimeter Landscape (Greenbelt) Buffer. See Chapter 4, Article 11, Section 4.C.3. b. Off-street Loading. See Chapter 4, Article VI, Section 3.13. c. Building Permit. No building permits shall be issued unless and until platting procedures and the requirements outlined in Chapter 2, Article III, Section 2 of the Land Development Regulations are completed in every respect. d. Exterior Storage of Merchandise and Equipment. See Chapter 3, Article V, Section 8 for the regulations pertaining to the permanent exterior storage of merchandise and equipment. 8. Mixed Use Pods. a. Intent. The purpose of these provisions is to establish small mixed use nodes containing a combination of residential, commercial and office uses in close proximity to employment centers and available modes of transportation, while also meeting the intent of the PID district described above. The mixed use pod is intended for a master planned setting that provides optimal internal and external connectivity for residents, employees, and other visitors, and generally follows the livability and connectivity standards promoted in the smart growth initiative. For the purpose of this subsection, a mixed use pod is defined as a development project located within a previously approved PID. The following criteria shall apply to mixed use pods proposed for development within an approved PID. b. Establishment of a Mixed Use Pod. To ensure attainment of these design objectives, as well as to accommodate adequate buffering to ensure compatibility among varying uses, a PID district eligible for a mixed use pod must contain a minimum of five hundred(500) consolidated acres. The establishment of a mixed use pod shall also conform to the requirements of this section, and be in accordance with the process requirements of Master Site Plan within a mixed use pod (Chapter 2, Article 11, Section 3.A.). c. Density. The PID district corresponds with the industrial (I) and development of regional impact (DRI) FLUM classifications; however, residential uses are only allowed within a mixed use pod of a PID that has a DRI FLUM classification. Maximum residential densities shall be in accordance with the thresholds established for the respective DRI. d. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. e. Building and Site Regulations. (1) The maximum building height within a mixed use pod shall not be greater than seventy-five (75) feet. Any building exceeding forty-five(45) feet in height shall be processed as a conditional use. -S pfepe_ peak of the Stfl-Hiettife, s,,, ,..1,oiiR oio., , sh Pts o,,. (42) Height setback envelope. Minimum building setbacks shall be based on building heights for buildings greater than forty-five(45) feet in height. The height setback envelope is applicable where the mixed use development is adjacent to an existing developed single-family residential zoning district outside the PID. This minimum setback shall be three(3) times the building height for any multi-family or non- residential structure. The setback shall be measured from the common boundary of the PID and the existing single-family residential zoning district of the midpoint of any intervening right-of-way. f. Parking. As required by Chapter 4, Article V. g. Modifications. (1) Any modification proposed to a Master Site Plan for a mixed use pod within a PID shall be in conformance Chapter 2, Article 11, Section 3.A.6. (2) Any modification proposed to a technical site plan within a master site plan of a mixed use pod within a PID shall be in conformance with Chapter 2, Article II, Section 4.H. h. Miscellaneous. Any request to waive a standard zoning regulation within the mixed use pod shall be in accordance with Chapter 2, Article 11, Section 3.D. (Ord. 10-025,passed 12-7-10; Am. Ord. 12-010,passed 6-19-12; Am. Ord. 12-016,passed 10-2-12) Sec. 7. Miscellaneous Districts. A. REC Recreation District. 1. General. The purpose of the REC zoning district is to implement the recreational (R) future land use map (FLUM) classification of the Comprehensive Plan. It is the intent of this conventional district to 41 Page 119 of 142 accommodate and preserve recreational areas for current and future uses consistent with the Comprehensive Plan. This district shall apply to those existing and proposed recreational areas not located in planned unit developments. Included in these areas are both public and privately-owned recreational tracts and the Intracoastal Waterway (ICWW). 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-254). No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING/SITE REGULATIONS REC District Minimum lot area: 1 acre Minimum lot frontage: 100 feet Minimum yard setbacks: Front: 25 feet Rear: 25 feet Interior side: 25 feet Corner side: 25 feet Maximum lot coverage: 50% Maximum Floor Area Ratio (FAR) 0.5 Maximum structure height: 45 feet rT f f �J v INTat to eKeeed fe I\ H�01.- 4. Review and Approval Process. Non-residential uses shall require site plan approval in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. B. PUPublic Usage District. 1. General. The purpose of the PU zoning district is to implement the public and private governmental/institutional (PPGI) future land use map (FLUM) classification of the Comprehensive Plan. This district shall apply to those areas within the city whose ownership and/or operation is public, or whose use is primarily public or institutionally-oriented, exclusive of those areas whose use is primarily recreational. 2. Use(s)Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-24�6). No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and building comply with the following regulations: BUILDING/SITE REGULATIONS PU District Minimum lot area: 8,000 s.f.' Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feet' Rear: 25 feet' Abutting: Residential district(s) 30 feet Interior side: 15 feet' Abutting: Residential district(s) 30 feet Corner side: 15 feet 42 Page 120 of 142 Maximum lot coverage: 50%' Maximum Floor Area Ratio 1.0' Maximum structure height: 45 feet Hospitals only: 60 feet For hospital buildings,additional setback in excess of thirty(30)feet shall be required for any height over forty-five(45) feet. The additional setback shall be ineasured by calculating three(3)additional feet of setback for each foot in height above forty-five(45)feet,not including minimal roof top equipment that are eligible for height exception in accordance with Chapter 2, Article II, Section 4.0 =. �lu�7ici al« erat�rr7s a�7d er�rer4 er7cc I`acil t cs. sser7tial seri ices ar7d su �rrt i�7liastructare are exe�r t from selected site stai7d jrds iii the Pohle Uswe Zoiiiii District iiid«tber at��l c jlal�diytrt ict5 ill jcc�rcill�7c�� t17 C17 j�t�r ......L�t7i174 flrticli I1. �ecti�rn 1 1. 4. Review and Approval Process. Non-residential uses shall require site plan approval in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. (Ord. 10-025,passed 12-7-10) Sec. 8. Overlays , beeity has established a single tffban eor-e af:ea to attffa !high intens4y, high dens4y, Multi-tise developmen!in RHEI e F-1...1-1, !he 6ity'S FedeVel0f)ffief4-�s. The land that Shall 6E)PAPFiSe the UF-baft Gefitfal . T 'Tj'_ d zoning -,;-+-;e+ allow high ifliens4y ffitilti use nrnaran Flefida Ad—inistfutive Gode Rtile 29-24-.044,1 lw" as they May-be amended -14-0m +;__ +_ +;__ -A. Martin Luther King Jr. Boulevard Overlay . 1. Intent. This o;,zer-lay F-one has be *-es+ftblished AT—on 24424 Redevelopment Plan, whieh identified--a segment of the Mai4ifi btither-Ki__ T fe,F+e e;o er,.v ffie„4 aria .0.,;4„4F 4 e This overlav identifies a segment of the Martin Luther King Jr. Boulevard as an opportunity for redevelopment and revitalization. The ultimate design and site standards of this section are intended to create a traditional street corridor with pedestrian improvements, storefronts along 43 Page 121 of 142 the sidewalk, and a mixture of uses. The corridor is to contain an ambience supported by pleasant signage and building appearance,potted landscaping, store windows and public open spaces. This overlay c—is also appropriate for development of small properties to allow for consistency with the vision represented by the respective mixed use zoning district, and/or as an interim redevelopment mechanism until greater redevelopment occurs using the respective mixed use zoning district. All development within the Martin Luther King Jr. Boulevard corridor shall occur according to the provisions of the adopted plan as stated below. 2. Defined. The Martin Luther King Jr. Boulevard Overlay Z,9ffC—(MLKBO-A)is hereby established as the area defined by the parcels fronting on that portion of the Boulevard located east of Seacrest Boulevard and west of Federal uigh4�,.,.,right-of-way, along with those parcels adjacent to the north and south of these parcels that front on the Boulevard if assembled and development as a unified project. 3. Use(s)Allowed. (See "Use Matrix" - Chapter 3, Article IV, Section 3.D.). 4. Building and Site Regulations. Development within this Qoverlay Zefw-shall be in accordance with building and site regulations applicable to the underlying zoning district except as follows: a ----a—,Parcels that have frontage along Martin Luther King Jr. Boulevard lap "�? et.$....e. m-44 €-x-"E 4_i"_ +*k+, hl l 31C? "IC� for the b ' d "�� s ' 4 „ �� he mi -rig c�m �PZ is �4 s� is 4 � „�� e11 co t hent f) ..., five.... t t t �yide street tree M cg � ,easuxed fro tlie back of tlie eux E- of f utux-e euxb oil roads xe(lucxllla xzitalt t2f �y dedication, 2) an eigIl _ .8) foot wide sidewalk, free from obstxuet 01'l measui-ed f'i-om, tlie eel-iter-lii-te of"stx-eet tree-sricl `l. rt e.iLli1..,�� t tit �yide active area, measured from the sidewalk, The PZ CO 01tel-ItS av_ta y it laeement order oriny g-t sctes_wth--- c lit t�f v x e4tul tt� � dee ee- conf` ictt �tx 1x e I build to l ne xe0 11emelits. b, Notwithstanclins, tine line and pte trian zone xe� jjeme�_1L L111LCIns of buildc��L and structures may be constructed in excess of the distance S Ccif ced above, but not to exceed f feet when necessary to-f�_)11...1..i.......ze landscape des �E.x .......... ..... ....lsite drainage solutiorls `l ---- -- a ------ � . . u ..�............................ accommodate ar hitecturures t and bucldc�_�g e.�jq!1�g Me-nts.__ nd/��r-_and/or erg ise-e-mtlm�anc—e._. uE)ltc s gge uc� as sidew ll 1 f u �t c � �x utcl�o seatin areas in order to f uxt sex ti e 1........................................................................................................... ...................................................................................................................................................-_................................................................................................................................ pjj_tU> e and intent fof the Overlay., excess off) feetf r ay -j� l \y�jt, Et LLrd vitl� uf`f cc e �t a tific t � � �d ccs �t �4te tt:u t tt! 2tMoval of a Community Des..Lri � eel � �lcmc tion(see ha ter y Article 11 Section t Ilf cb. Minimum interior and corner side setbacks and rear setbacks shall be in accordance with the Mixed Use 1 zoning district (see Section 5.C. above). dc, Maximum building height shall be fifty- veq�44*t* ,+4 feet ild:ing, f�z lt«4�� Nja tin�.uthet_ Lc �� 1x Bouleva d spall be a maximum of tluxt c e �� feet c��sc�te��t f��x � de�t� often fly feet. `t......................... .. .. 1...........................................�__� )........_ e. N4iriimum E wild i,10_ e'iob---------------------------------spall be thirty f ! f� t___ 5. Parking. As required by Chapter 4, Article V, Section 3.D. 6. Landscape and Streetscape Design. See Chapter 4, Article II, Section 4.13.5. --G-B. Urban Commercial District Overlay Zer, 1. Intent. The purpose of this zexe-overlay is to encourage the development and redevelopment of commercially-zoned parcels in a manner consistent with the pattern of development of parcels with mixed use zoning classifications. 2. Objectives. The objectives of this overlay z�are as follows: a. Support and enhance revitalization efforts along the city's commercial corridors within the redevelopment areas. b. Improve aesthetic and pedestrian streetscape environments by preventing the placement of off-street parking between the front of the building(s) and the rights-of-way. c. Allow flexibility in architectural design and building bulk; while maximizing compatibility and harmony with adjoining development within the defined area. 3. Defined. The Urban Commercial District Overlay Zone—(UCDO-A)is established in!h€ eity by the following boundaries: 44 Page 122 of 142 u L',,,defa1 II;.,',.. ay !'en-:def!''effi , ity Rede�.o',.pffieti Pari_ The boundary is the city limits to the north, the Intracoastal Waterway to the east, the city boundary to the south, and the Florida East Coast Railroad(F.E.C.) and Palm Boulevard (Northeast 4th Street) to the west. The legal desel4 Eytt..: � la.. :v 11 It � 1 + Iy.. a I 4- 1 X17 4. Conflict. In the event of any conflict between the provisions of the Urban Commercial District Overlay Z-effe-(UCDOZ-) and any other sections of the Land Development Regulations, the provisions of this section shall prevail. These provisions shall not be construed to supersede any federal, state, or county laws; and/or any rezoning of lands to a mixed use zoning district. 5. Building and Site Regulations (Table 3-267). Development within this o4verlay Zoffc—shall be in accordance with building and site regulations applicable to the underlying zoning district except as follows: BUILDING SITE REGULATIONS Urban Commercial District Overlay Build-to line ll: Front(abutting any public right-of-way): 0 ft.4 Rear: 0 ft.4 Interior side: 0 ft.4 Minimum yard setbacks: Rear(abutting residential district): 30 feet Interior side(abutting residential district): 15 feet Maximum structure height: Zoning Iil Ci"I (Yllr,. -------------------------------- ---- CI �1 f„''[ �fCllll C I �7,Fv)7 t� ilrlCm Sma 3C lil a 4lrl Clrri At IL 17 CI�'1C�lrl ....... t C-E-°i t nd ,pt..°,.l'4. Dlaz .s or t'gC�;..'I C R.�&�:'.i:iona.l.sc,11tt Cag.'."i 'L;C'E-"i"it'` e. s.''i)?"C-...-.i)''''6 t§i.:':'"6 .E .C"si'''t':'t 4 'L;'.. 1.. 3. g,nhn?R;8"•E,,no;.n PZ is cC)Illl>risod o,,t-.lim-m 4.111 30 rl rtt 1) a...five (.- fbot vvid- strect tree ai,c 1,t�lbw:l`iUred ;om 01-1 back of 01.1 curb, 4)f'iLl[LTIT curb oui ('CLIC)`, f'-- lll!Irl 3 ;I 1C'�C \t L�._ II�-�C14)rl-2,)-a[ ui (1-0) �ooty i �1C��yyalK. �"6— f;om 4)��:stractiouis,t176.:1`�Llf'- ;41111 017 C Ifln 4) strec[ tre,s, a,,i �) l'L 111,1[ �� 10107[ \i'1) :ICtIv� rlF� .L1l :I CT �l �IC1111t C `�i)�\ ) . C'�l ��a C)711i)Pr1�11[`-117 � I'v 1�1 7)IC 111r{tC .(_.. _ % c C7, ) Y'C7iliy C7i1 CiIL `i vi ICi"I 4 C uiffi4 ti"jg;I< 1C C7�°y`t'ity i?Clii PIC7il BSc �ccrioui `?.(.,.2. �`c10 f.br i3C dirioui li I�SI�f.�17rov JsJo,,-is �l'om build-to il1lt_ rcLLlI'�1176cults� .-.-.-.-.-.-.-.-.-.-.-.-.-._ �''`-°- el•I--£��rE.s.§g�,s.c�...z§-4£'-Ctt'�C=ekc;€-eki-k.'Cr-§"ta§-t-t--�'E: l�ae'-mrdr ia3=z' I;s=�c"C'ir` '- E.:'"rd-��r . . �§=dot's}.-rrC�:-g3�C'dt,=e'S'm.mar.=Y"€-tr.; �. c '4l-§ �Ie.}Cr¢.:-'ins-i�(ti`v'r§ ..srkasr-§k.' C;_._ Sl€ P e-d-&FC2,3 Wit:... Notwithstanding the required build-to line wid;tipod-str i ui zo,,ig ------------- requirementss,portions of buildings and structures may be constructed in excess of the distance specified above,but not to exceed 15 feet when necessary to 1)optimize landscape design;2)maximize on-site drainage solutions;3)acco>mnodate architectural features and building enhancements; and/or 4)to otherwise enhance public spaces such as sidewalks,plazas,fountains,or outdoor seating areas in order to further the purpose and intent of the Overlay_ei�. Major deviations from the build-to line requirement above(in excess of 15 feet)may be allowed,but only with sufficient justification and contingent upon the approval of a Community Design Appeal application(see Chapter 2,Article II, Section 43). =' Shall be defined by the applicable zoning district. 6. Parking. As required by Chapter 4, Article V. 7. Miscellaneous. a. Landscape and Streetscape Design. See Chapter 4, Article II, Section 4.13.5. 45 Page 123 of 142 b. Building Location. See Chapter 4, Article 111, Section 6. c, --c-,---Shade and Shelter. See Chapter 4, Article 111, Section 6. C, Otlaircil I)islricl Overktv,_ _(K_I?Q)Js c _-,21.,I[ised of'multipjg.,_Dij) id a --------------------------- ---------- mix of"ZonirlLdistricts that currently accommodates residential (sirigle--. two-- and mutt i-jam ily). . . . ......................................................................................................------ commercial and institutional land uses. The CRARedevelr�rcnt Plan recommends the N4 ixed Use Medium 1"'uture I..,and Use Class i fication for a majority of'the District, which allows a maximum densitv of" ---------- --------- Lfi fty_(5 L i rt r acre the remainder ref tlie District is recommended for tile Mixed Use Hi Ldl ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- _ 1 0 li ,rhe f"uture band Use Classification and the co)ir-ir-esL)ortcfiriL�-magi-mum--dei-isitv of'8 -dwel E& its12_91.1�11�....................... a, Provide for a mix of"selected commercial. residential office and entertainment uses and activitic.I.S. witli an_g� is oil arts and cultural ventures that will encourage tile qdMive re--use of ex isting ...............................................................................................................................................................------------- ------------------------------------------------------------___ LbluLildrim _-i-estoi-a-t-i-o-i-t--o-f"-Bistro-IC--Stl'Uctul,e,- an_d_-----m---a-int-a--in---acrd_----- _,,,trian scale ai-id ................................ ..character -of"the area-. Lb), Ertcoura� thelocation ip cially!�Llail, at related uses and entertainment establ slim ts al no — ---j-------------------------2f I ar lv.t -------- -------------------------------------------------------------------------------- i m vements that would com lement and spA? _1,2��Ilyeen the I P-12 J2 .......................... downtown district and marina / waterfront attractions to the east and the cultural / civic carr Dus_tri_til _e_ wesL. c. Initiate imi,)lementation of"various recommendations contained within the CRA Redevel�jpj g2l -------------------------------------------------------------------------------------------------------------------- d, Stimulate areater awareness-of"and DI-ide in the 0tv's architectural. historical, and cultural helltage', ---------------------------------------------------------------------------------------------- e, Ensure that redeveloment witlii-i-t--tli-i-s-area -i,e�2�ai,dless of"underlyiLt,g L,, -cfistjct Mill maintain art - -- - ---------------- V riate develQ and ..................................... ............... Lf:, Ir_n- N��Loverall livability f�ffie g� -al area and ellballce p - lues, V�C�L ------------------------- _2f q,�qei----------------------------------------------__ I �- ----------- 2. Defined, The Cultural District Qverlay,,(�._7j !)_, be bounded oil the east b the F"lorida East Coast , - �L 1!---------------------------------------------------------y---------------------------------------- Railroad (F`,E,Cj. oil the west bv S-ea-crest Bou-le-vard. oil the south Ery-Soutlie-ast-2-i-t-d--A-v-ei-tue. and oil the Liort!i LnN L ortligast I st Avenue, —-------------------------------------- 3. (..,onflict. Unless deemed otherwise by the Plal L�jqL 11 ---------------I Z2n i---L Administrator err tile-eve-lit-ref'.91ly- conflict between the KOVIS1011S of'the Cultural District Ovei-lav-Z-oi-te--ai-id--ai-tv--otli-e.i--s-ecti-oi-ts--of"-tlie--l..,a-i-id--. s Tiles tile isions ref section shall ail, e shall not be construed - ------------------ _p ------------------- ---------------------------------------- - --------------------- -------------------------------------- arty couritv. state. or f`ederal laws, 4. [Jses, Active commercial uses small be re wired oil the street fi-oi-itaL�e--of"-Oceai-t--A-ve-i-t-ue a. Uses shall be determined by the underlyiLigM gjO 328 *ctUse . see " atrix Table " _z _�-LLJJ_stj glion 31j... _j� ��Ption oftile followil-IL_I? uses- ------------- --------------------------------------------- ----------- lied) Auto Broker Automobile Rental Automotive. Major Re .................WIL Automotive. Minor ReDa-h, Auto/Car Wash, Self' serve Bay Auto Dealer. New Auto Dealer, Used Automotive Parts Store Auto/Car Wash (Po"-L' -7-a MUD. Automotive Installation/Alarms --------------------------------------------- DrIve--thru facilities 46 Page 124 of 142 fay._' Trade I..,abol--Pool_. L�Eg_j:y_jjejp') ------------------------------------------- Boat Deal er/Rental Lleat�ing_5�!pp NJ rn rn i�rt itorial) Convenience Store Gasoline Station Showroom WaLdlouse-,sirl�I1,1 - __ � Merchandise, Used (Other) Njerchandis;S,New LSupercenter, Disc ------------ P2111 jj2nj:g�ovement Center ...............----......................... 2 Lin-op -ated L.,aundrs -- g------------------- f"uneral Home fsi Cemetery ( —hurch - Civic & f"raternal Club/ Orp�i zat i on Grou University ........................... S LchooI. Primary t1 µ Y. School. Industrial & Trade Adult entertainment LFLemp rn C enter Private Pati in L,ot s Social service agg.. b, Anv other automobile-oriented uses not listed above a e ohibited, -------------------------------------------—----------------------------------------- �hibite�,_ �m_._An "automobde oiented use" sla-- be constmed as a business whic", 'has a t)II-J-1-CiDa, �211,.-sgEJLOLUL- -a---u--t--o----,----b--le--- ----or consists of a buildh-w�-tvp -e Which is ------------------------------------------------- �g2jjji........................................ J1 e s i gae d for an automobile. such as drive-thru facilities. C, but anJ I.Ave-W011 units ai-e DCLI�L[Ltdt--------in d, School Profiessional & Technical schools ai-e limited to those that teach the culinary-and-viseal — arts. e. Additionallv, 1-10 le ally ex istirlL� use shall be deemed non-confon-n a 0ati ns, 5. Modified Buil dina and. Site Rea-ulations. Devel _1..L.v jo- -nent within thi Qverl� p L�A-- pi----- t�ctlhc�� and additions to exist* shall be in accordance with the buildi te ----------------------------------------------------------U1 -a-nd-s-i----- �jui-ons--- as f'ollows- MODIFIED 1.31JIL,DING/SrrE REG IJ I..,A,r IONS' Cultural District Overlay Mininatina L,ot Area- 110,000 _Q�Kru s(,�uare. feet Mininatina L,ot Fronta-e- 100 feet Pedestrian zone- Minimum street tree ai-ea', 5 feet *N4easured from the back of"curt-) Minimum sidewalk width2, 8 feet clear 47 Page 125 of 142 Street fi-ontaoes.). Overhead utififies- Must be any new developi _gL2 Street fi-ontaoes.). 30 feet feet Ocean Avenue .Reai-- 10 feet Interior side-. 0 feetl, No leg� setbacks, lot 2 S idewalks shall be constructed of"Holland--stone pavers. red/chai-coal color mix bv_Pa_v_er__ 'Minimum interior side setback standai-ds mav re, * -e increases when -ed historic structures 6 Permanent structures such as columns and walls ai-e n®rt [,)cn-nitted within the required active | 48 | Page 126 of 142 Pedestrian Zone Requirements I 'I'll I �I 01 CaI I I Sidewalk Active area Y m $trLt$t�G�r4&...... Building Mass ............................. Maximum Height r consistent for 36' r Per Zoning District Maximum Height 35' e Accessory Structures. a. l'ertces: ( F) l'erices a1om� �txc t._fx � �t ;�tc� ��t_ gri nitt c�_��rt_mEast_Oceartm�mvert _oi crest Boulevard, ...... c � 1� �L arty tj stiwt fmrttaae spall riot exceed thi-ee... fcct c��LcL 49 Page 127 of 142 L_j) corative in nature, \ATalls, chain I ink, boas-d on boai-d. shadowbox, and sim ilai-tVDCS of"fences ai-e ex., -pi-ohibited, ................................. [,-), A I I ii I 11L[2112,�L�ttrash contahiLL_ miscellaneous e(juiDment shall fie..... ----��2---j�� --------------------- -------------------------------------------------------------- lai-idscai)cd-to-be-sc-i-eei-te-d from-view, 7. Buildina Desion. a, Buildings in the Cultural District Overlg_y tyl (L shall reflect a Coastal Village st e ------------------------------------------------------------------ -------------------------------------------------------------Village ----- of'ai-chitecture, rectilhigai-forms with ai-ticulation, This associated with the f \ATest_4' culai-andnd throuL�hout tyles ofai-chitecture fo u Sout1 f[Iorida, OvveirlhariL s fo- destrian can)v s and visual interest should be d -------------------- _i�----------------------------------------- - ------- �whel sible, Overhead structur s oateways. andIH n d fine s R"f- vide ai-ches. I �e e- 2 o---------- p.Llestjan_comfol,t. ai-id-i-eii-if()i-c-e-cliai-actei--ai-id-idei-iliIL 1t1 �y_-structures--s-hall---Esc const_r_uc_te_dwith __ tl�c �clshall be sensitive to t I lie s-ca-le, ...... -- - J- ------------- ---- -------------------------------- --------- ------- -------- masshiu� a1id--desiL --elIVIS-1-012-ed--- b, Additions and Modifications to Existins, BuildingLjj_j,-juildhis, additions shall be sensitive to the ------------- materials/com---------------------------------------------------------------------- L) relative to the ac i- hitectural stvleb . uildh-w - a -=----------------------------------------------------------------------------—---------------------------------RQiLgA its nd-------------- treatments. and s_,__ c, f"enestratrioin-RRe(,j_uIremen-ts. Groundlevel buildina facade occu ie d by transparent window or door okening inin�hnum_area gs� (..,'oininercial Mixed— Residential Street Fronta-e [,.Jse Develo inents (IYO Ocean Avenue 02 SE2nd Avenue 30 Seacrest Boulevard 5 02 30' NE/SE P' Street 02 N3,d eet StI- - E/SE 50" N OTE S 1, These standai�-dsalso aply to anv r)ortion of Luound--level facade f`ach-w a - -------------- ------------------------------------------------------ court vai-d j? —--------OL _qILj, 2. To count towai-d this tranSDaL -aw_i_n_dow_ord2 21L L L - 2 - LL L must have a maximum sill hei�Jit of2 fe.et above Orade and a minimum -- - - -- - - _=------------------------------------------------ headheiaht of'6 feet ve 8 hiches abo ( —----------------- ---------------------- , (1) Anv tranMai-ent window alid dooround--level street-4achig -------------------------------------------------- LwilcEm _fkade shall comply with the followilu standal-ds- ------------------------------ ------------------------------ ---------------------- i, The ODC_C filled withvisible li�Jlt -----------------------------Z-- ----- ------------------------------------------—------- transm ittai-icL(yf_7_..)_�d�.,i-cei-t_t--ai-td--a--ma-x-im-um--i-effect ai-ice of-I 5_pg:� ,!- 11, The ODC11ing shall be des i g.�L&Ig-Allow view_.of i te 01' SDace at least five fe.et ---------------—----------------------------- ----- --------—----------------------------------- maynI-clude traditional storefront,ctLspIly ---------------------------------------------- Windows, but not merely;class dispIgLy_. q5�L�), The view into a commercial use dispIgv_ea5�_�l T not Eye ,rl)c-i-m-alie-l'itiv,--obstructed-b,y screens shades shutter 01'Oq!jef�hns UPI�led to the gjqzhig, 8. Parkin,-,. 50 Page 128 of 142 a, Ill ii-timumNumbei-of`Re(]Uil:ecl�S , ing -------------------------------................. ......---. ter 4, Article V, Section 2 -1 however, the total ---------------..................-------------------------------------------------------------..................... number of'r re uinew develoV! ent --------d-a -------------------- -------� excludhlg_j:e�idential p sets. Whert two ) or more ad i acentj2L�?ggrty owners combine their off" ------------------ ......... -—------------------------------------------------------------ strg.e,p I-t i lg in accordance with the code and construct a shareda �, ilitv with common -------------------------------------------------------------------------------------------------------------- ------------------------- access drives the total numbLr(yf requ-ired ofl'--street-p fj�j2l ------------------ ---p additional ten pc—g-, b, Allowable L,ocation of"OfflStreet Parkhn-. 1. The intent of CDD is to screen offstreet,,,, a areas as from abutthli4 riahts(oyfr'wa� and p --------------------------------------------------------------------------------------------------- ---------- locate buildirws ----a---l-o---n---a--front-----o--n---t---a---n---d----s---d---e----c--o---r--n---e--r--_p_[%I�rt lc��e� 1heiefoxt oreor -Ile kin areas -------- shall be located within rear and side interior y Litt - ' - new s thosegq!�!-s--fo all----I------------------- ctand thse in which------------------------------------- 12-4Eking areas would be altered to accommo renovation dgl�g -p m g,�2ip�gn s I oil, ------------------------------------------------------------------------ ..................... k2"i-E, a ------ ,,gLkins, areas f e st de jgDI12�gL t,s,jj2,g,y_ILr_ndirCLf`file spq�g� -e unaltered as,.,l L 2SI LM ve !j_ of" �g.2jM,-jsiort, In these instances, thee o I !ist noff street -p — -------------- .......................................................................................... -- ---------------------- in area ---a ie substai-itiallv-sci-eei-ted-f'i-om_Ll(f-p,, i-s-es--bv--a--Ii,ed�e,_-d-ecoi-ati-ve-fe.-i-tc-ilI ,_-ai-cad-esox--a--- combination thereofproy�ided tilatsu l� ro osal remains consistent with the intent of'the mg�jal rernains consister with he in rit of he C'j)(),and to the standards of the ur[)an landscal code to tie maximum -- .. --------------- ---------------------- ------- . deviation from the above standards woul ------- ---- ------ Ej±_( hW e-r 2, A rt i c Ie 11, Sec-tiort l- ,E-. fvnl if orte hundred .g.rcent (100%) of"the 11gdired (yffstree in b p ----------------------------------------------------------------- N� -is are met: F ,��qethe may be Di-ov-ided--at--ai-t--off'--site--l-oc-atioi-t,,P-C�L ided-tlie-f'ollowiLUL_�g��i-t-i-oi---------------------- ----L from tile sub i".C ?I-O, rt, as LrLeasured byaflit Vine from a ij�t tett I:L [�)L ia A the (2 to tile closest n�ny------------------------- boundary I ine-of,the p rty -jejg2� d (distances for municipal projects may be greater in —------------------------- -I�jj conjunction with an overall or downtown parking strategy),, 1-1 is_ owned or leased by the owiler lease aaregment must b L ---------- e y hep 1L 1-1 s s P� ��Lty--�Iall-be —------------------------------------- -------------------- no ted ctl� indIcatIM4 the location es ided ............... -W-----=----------------------------------------------------------------------------------- - ------------------ [-)Y1!1��P, i:i3�iusiness owner oil and off site shall be maintained as unreserved unrestricted --------------------------------------------------------------------------------------------------------------------------------------------- ----------------------------- p.gEtjng available to_the [)u blic. exceDt des i Lutated--hart-d-i-cM s -s reqqj�red by law, -------------------------------------------....................................—------------ - pq�� -----------— L c, Ex s to Providin uired Parkin S A cl -V Section 4,A, for additional -LI-C-OLEL---------------------z,-LR e(I--------------------L� -------9 -Ch-uteLl,,-----1-0----e--------------------------------------------------------------------- ------- -jMq.i.r.e.d off tj e-et.Darjsjng., 9. S igag e and E.x t e ri o r I,ig h t�i n- S t a nd a r ds. his _All-o'wed-- i w--t-hn-i- --t- e- li -C-ultu-r D i-sti,-i-ct--Ov-erl-ay shall be extei-iiallv--ilm -lu -i-i-i-at-ed-oi-l-lv, and be limned to -wall mounted an a U1 , Lin u) b The size of"wall mounted siLjL. shall lie ealeulatetl at �onehalf (0,5) IW j_s,,irate foot of------------�q �Et-area�p one (F) lineal foot of"buildhLL L the main building entrance, tie main Uectffl�a ()TI C, pr s are oil IV g.i-mittedoi-itliefii-stflool-_-Pi- �gcting orts and mounti brackets shall ---------------------------------------------------------------------------------- qL--� be decorative in nature ani Ilac-e shall fi not exceed ve r s --i-- size, n-------------- d, Undercanor)v Sion cloor�,\iav-a-i-t-d--sli-al-l--i-tot_e-xc-ee-d--3-_s(..,uare feet each, All I I- 'nurn cleamnc u n 2dercan o,.21 swm s rn u st 1,ave a rn i-i� C -------------- ------------------------------------------------------ e, A--fra m e s i s,rl s ate cxmi ,d oil \yithin requh-ed active areas when included and reviewed as a -- ------------- -------------------------------------------------------------------------------------------------------------------- f" Prohibited siarljype�, F'reestandiriL_s L Ls above 3 5 feet �([LE�Lt_3 - ----------------------------------- ---- stories). animated, or movino siorts, and all other sig.Et. �_p ed by Code, g, ill N4 i x ed--use��tgLgjgT,! �g"LLI� �L[ a Si Mize ---------------------- -------------- awareness of,'and access arkhlo locations, ------------------- h, Ge�neral lj�ig residential/mixed use environment, Ground liahti and 0 Jj-i--t--i- g_� ljj�--b---u---i-l--d--�( IA ��gpilliis encoura=0ed. ---------- ----------------------- 51 Page 129 of 142 However. when the use ofpoleL I i,J1 -is necessary, the fixture heigj[ exceed fifteen ------------------------ 1 �Jjgjj_ ----------------------------------- I feet, be dec ith the color and architecture of the buil i. These standards exclude municipal signage designed to promote or represent a greater signage Man or branding initiative. D. -'7eeaii Avemie 6_4, 7--- li-)A/771 e&R+am1f1g vaFying Aittife land i map I Fj TT -Ika" 14 =_N41 elassil. I.—I aft zoning disifieis. As sideh, the densiiies 'of develepffien+s shall eer-fespend W-1- FLTT N4 elassi&_Bttens. For-tiew develepffien- 1- !he M&E Mum allowable dens4y shall he eleven I dwelliffg timts pef aef- W144- Siligle L - L _t) L L L -welli*g he allowed fer-when r-eela-r": A EM ill e e_tise f A 4X 1, and whef:e sideh pf:ej ee+ ef:ea+es a thf:otigh 4o+ 1U-e+FV,V,ffeH+L,V,V,O f-1 A C'17 are 'S4fee+LS. The t3twpose aad if+teH4,Of+Lhe + Fe; 01 Se e6Le 6E)Mffle W, Fesidefl+ a!, ofr4ee, and ente-ain— w aft L OR Of . L . LFR61iffeS, ME' f4a R aft-1 fiff-thef enhanee the pedesir4an and e Seale Of the 14iS!Felaled tfSeS afid ef1!e+a;__H+ eS+al,1;,1,__+, I- 'e L—L 1H en e aft e e4ffaa ffio,�zeffien�s e�Lween hid-sifiesses; aad b___1_1__ff111t4e MaRfla I/ A eFfFORt a+L+LFa6+40R`S4- 1 1 a6+iv41eS to + e wes4-9, A --A- en_ ;�elepffleH4- plans; A _+_1 lffit3f:83,ze 2. Defined. T'he (Oleean Avemde (-"veflay ;4E)fle IC'1A C'171 shall be botifidedd On the east by!h- =as+ I-E)aS+Ral roaj 1 1, 6jj +he WeS+I Qeaer-eS+ BE)'d!&,zarA, 614 +Lhe SE)tt+h 1, 1 .,�,efflde'; afid Off- L +41le HoAh 1-y NT&A4eas+4-3�-Avemde, &ieep-t--be+ween NN or-theast ist SIF + TE + L eeL and I )FL. ast 3Fd sifee�-,�ofth 11EMHAar-y shall he +he alley be+weeti No—heas+ is+ANe*ee afid B ,D___11 ,D_1_11__A 3. Gonftie+ T +1,- -,,--+ Of afty 604461 belWeefl the pr-ovisions of the Cleean Avemde Clveflay Zone and ft...Y —.1. 111� ffiefi+Regidla+L-614S, 44e pf:83,4siens 44-s see614 shall pfeNm . These pfovisi&ns—shall fiet he eonsifnded-to SidpefSede afty "-defal, State, Or- 60tiftly laWS; afld/Of afty FeZOning Of lafAS +8 a ffi �jej A* --iise F-Offifig dfs+ffie�. S - 4. TTS es Allowed 'IT T-e Matfix Table 3-28" in Chaptef 3, Afiiel- T'U ---+; +411 — ave onon1, 11 I- A A Ue eeffie-146H_e6fil........ 5. BdildifflIg affil Regulatiotis t'FnT,1_ Q 17'1 n_1 w 41,41 +1,4, C'%_,1 7--p a aeeE)F_aHee w4h+he 1-i-ii-ldiffg Mid aa fegulati an n 1 4f-11 Ows: Minim—1-4-afea-1 Minimum lot 444-� tit (;E)R4eF S;A e Minim—ya*d-,e4bfw4i*--. 44-fM 52 Page 130 of 142 � A . r • 7 Plan.8. bandseape and Q+Feetseape Design. See G aptef 4, Aftiele 11, Qee+;E)fl 4.13.5. 4:'_1:a AA 4+;-fial feasible. AeS+I:E)y _p+-4_1_ +J,n+ +1,_ '+_"jtjj:e. The flew WOFIE Shall be diffefefitiated f4_7E)M +he-Ok�-- A-11 I- T_ 7 s rc�clio ,n d ;+R roti 1 he , Bcrvrrtrrar Bectch Brrrrlevcrr d Over ktv (BBBO) --------------- f. Purpose and Intent, 'rho I�o� rrto�rr Ido��lh 1�o�ulo E rol ��o rl� 1�1�I�� t� �o�rrr rrl�o of �� rrrultl: to crtco Errol rrrt oaf zo�rrtrr districts that Burro rrtlo�rrrrrro�clto rrrrrrrtlo�rrrrrro rtl rccclo rrtl ............ ..............................................................................................................�_.............................................................................................Y_ �._............................m�_ 1-11 ----- t�' and institutional nal l nd uses, The CRAeclevelom-e-i_rt Pl r_r rccommer_rols the 1l4i-x-ed .-s I..o�� N4-i-xecl lrso N4ecliur-r and Nfixeol Use � lasstf c tior_r �lo�r_t I�o� rrto�rr jeac h Boulevard ............................................................................-_..............Y....................................................................................................7..... rrrcreasi g n intensity as the Downtown District is ap lho�cl Ilho true o�_se r_rcl crrto�rrt oyf tIne BBBBBB�) arc as follows— a, Provide for a mix oafselected commercial,cial, r esid nt al, and office uses with an s on o rrr rlo�yr�rent nd entertacru�r ent uses that will enco�urai4e 1'edevelo� rrro rrt oaf ur_der utrlrKo of rMerty and er_rkance the �Cdetxaseal and character oft e area- m � _ _ r. The western area is to act as a welco mii'I L� r_rd... ttractc,vc c�rftxy to tic ----- tLjjile the stere areas is to act as the entry tij.,"-,, 0tv's IDowntown District", c� Encoura4 tlhe lo�c tto n oaf restaurant retail o�fftcc and entertainment establishments, �lo�nL with -- .......................................................................................................................7...........................:A.............................5........................................................................................................................................................1......................+m.m.....................--- cdestriarr frrer_rcll i ro ver�rrents that would co�rrr to rrrro rrt arrol su �o�rt tlho Downtown, 54 Page 132 of 142 C2on-qtmhljuj!e��hlernentation of"various recommendations contained within CRA Redevel eint -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------QM— Plart, e, Ensure that redeyel®rr,)rnent within this area. 1,111,W district. will ,-J-g Z0 --------------------------------- maintain a consistent character-, gil-d Lf' -Imp N�e overall I iva I-LI _2f�ffie eneral area and enhance ----------------------------------------------- ------------- 2, Defined. The Boy a a t 1�ton Beach Boulevard Overl y hall be bounded oil the e s o- da ---------------------------------------------- --- --------------------------------------------------------------�2-y_ ---IJ-------- I / :1 -, it liesoot--1 East Coast Railroa -2----t-------- ---- --b1--N E- d C, and N and I" Avenue, aoil the nort h bv--N-E3d-- -----A-yn -e -u-e-an-dN ' 3 -- -\A--- --------OUI't-,--- 3 1 Conflict, Unless deemed othenvise bv the Plani I it it in the ever t ofa between tile DI-ovisions of"the Bovnton Beach Boulevard Overlav and ariv other sections of"the L,and ----------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------- the MOVIS1011S ofthis section rovisions shall not be construed to SUDCI�S�� _2D�Lfg,�k WS 4, [,.Jses, Active commercial uses shL11 be re(,uired oil the street fi-ontne of'Bovrlton Beach Boulevard, I-----------------------------------------------------------ovrlton Beat Uses shall be determined Env the-underl * L zonj],-j,(,2 district see "Use Matrix Table 3--28" in ----------------------a1m---------- - Chapter 3, Article IV. Section 3,D, w(tjhLjtJhj!e�ex.c -1 ofthe followi L -�tiol ------------------------------------------------------------1L�-p Accessoi-v_.!...11,��g.11_ii-l() Unit =------------- �vo f�arnilv-!Lpkn) Auto Broker Automobile Rental Automotive. Maj2LRepajr Automotive. Minor Repair Auto Dealer. New Auto Dealer Used Automotive Parts Store Auto/Car Wash, Self'- serve Bay Auto/Car Wash ('130",-L' �axir�tg,�)etaiY�irtg) Automotive DrIve-thru facilities Dav & Trade L,abor PoOl-(TernDorary Help) - ------------- Boat Dealer/ ental _j� i� mh9--P-Qol, Janitorial) Convenience Store Gasoline Station F'urniture & Home furni�jjing. unless inteffated into a mixed use devej�2p-!j��[11, ------------------------------------------------------------- _1 Showroom warehouse (sin gig-p -[�?d,j�!JJJ le)---------- Merchandise. Used EIIJLL) 14 e rc h a n d i S;S,Ne,w SullcL I i q, -�g2, g 2 in-op -ated [..,aundil L... i-------------------L 1"'uneral Home Le-M—etery Church 55 Page 133 of 142 Civic & f"raternal Club/ QrL��ization (jrougjj�21�2.g.� Cyp j -id IV 11 1ai �._'ollege, Seminary. Universitv School, Primai-y and Secondai-v ---------------------------------------------------- S hool Industijal 6 Lc,R Trade �Lh-ooflrw�- atw��,—Indoor Adult entertainment Social service agel-Icy,__ All Industrial Uses E , Any fit her automobile--tax-iei-ited-use-i-tot-l-i-sted-above-ai,e-l.,I[ ibite-d-,--- d as a busi-ess whic", 1-1cas - pt-i- j of`serori cii-�4> an automobile orconsists of buildii-aty for art automobile, C. I.Ave-W011 units ai,e DUMItted, but may not fi-ont Bovnton Beach BoulevMil or Seacrest .............................. ...........-------------------------------------------------------------------------------------------------------------- Boulevard, d, Additionallv. no IeL�allv exist* hbe deemed non-conformi as a result of" BBBO -—-------------------HW� use sall------------------------------------------------------------------------------ the--------------------------------------------------------- Le—Ulat-ions, 5, Modified Buildina and Site Reaulations. MODIFIED B1,.JI[.,DING/SrrE REG IJ LAT IONS' Bovnton Beach Boulevard Overlav Zone Minimum L,ot Area- 0,75 acre Minimum L,ot Fro to-e- 100 feet Bovi-i-toi-t--B-ea-cli--Bowley-aiMil----- 150 feet Pedestrian zone- Minimum street tree ai-ea', 5 feet *N4easured from the back of"curt-) Minimum sidewalk width 2, 8 fe.e.t cle.ai- *N4easured from the centerl ine of"sti,eet ti,ees Minimum active ai-ea width- 8 feet`; LA:d �Dlicable-to-Bovi-itoi-t--Beacii-Boulevai-d-ai-id-- *N4easured from eke-ol-the-side walk , Seacrest Boulevai-d streeLfiro�ttage-s).. Overhead utilities- ]!just be undeEs i n witj�l ------g2wLllg!!�� anv new deVel0DMe1jt 01' --7--------------- existing, develL)p] g� —--------- Build-to line- Ajwt-s the . destrian zone j? ------------------------------ Minimum buildina frontage- 75% of"the lot fi-ontn0e must be occuDied Eby ----------------------------- LAj�plcable to Boy�.-tj� Rage h.Boulevard, structure aU acent to theDcdestnan zone .................................................. Seacrest Boulevard). Maxiinuin structure heiaht- Zonina-Distri-C1, 3oy 1�2 -----Beach Boulevard 45 feet ----------------------------------- 56 Page 134 of 142 01 every 50 f`eet above 45 fee JI-1--heiOlit' art Mininatina structure height., 0 feet .Rear 10 feet S rd Iriterior side-. 0 feet setbacks, lot coveragg, Termartent structures such as colurnris arid walls are 1-10t DCI-Mitted withirljhe,reqj�ire.d acfrve. 1) rchitectural elements such as a area, Self'�su L -Ito the active area, | 57 | Page 135 of 142 Pedestrian Zone Requirements ------------------------------ Sidewalk Active area 6, Accessory Structures. a, f`ences LL,Arty_fg� ��g_j]jgjjs_p il�t the reminder ofthe District shall be decorative in nature, ----------------------------------------------------------------------------------------------------------------------------------------- T_Iluilding Design. d Bowiton Beach Blvd, The mainpg&grian entry. or front door. must be fronth'10 Boynton Beach b, Bowiton Beach Boulevard and Seacrest Boulevard shall have maximized gla,'�i-Lg -s, Fenestration Regidreinents Ground-level buildina facade occu ed bv (..,oininercial Mixed- Residential Bowiton Beach Boulevard Seacrest Boulevard 5 02 | 58 | Page 136 of 142 NOTES- LThese standards also a p.Ly_jg facade. facirt p 2. To count toward this tr maximum sillheiL�ht of"2 feet above orale and a minimum hea -----------------------------------------------------------h d e-i_ j_f`e.c_t, 8 includes above srade, A i t iIsI? rent window and d..o...o...r..��jp_ �[IJLL und-level str et-fac i di I d i n L ----------------------------------------------- f'acade shall fill.edw_it_hL�tazing that has a minimurn visible li,,Ii-t-tl-al-ism-itta-i-i-ce--o-f'-7-5--, (ZiThe o -ti Lbe ed to allow view of an intenor space at least filve fe.et dee .................... -------------------------------------------------------------- S. av nclude traditional stoieront_disDlav windows, but not merel olass _i......................................................................................................—---------------------- LE s pjt� ),_`Fhe view into a commercial use shall i'lot be p 12�g� I-uc --------------------------------------------------------------------------- screens, shades, shutter 01- ODa-q Ili qef -g_sa 2PI ied to fh"�147.j-1 -1-2 d, Buildina, Wall Articulation, --------------------------------- a, Vertical articulation, Malls shall be ofTset fiftv (50) line r fe.et, ----------------------------------------- b, Horizontal Articulation, Buildhnss_b_al_I_., back a m in im um of"ten 10) feet once the ................................................................................ .................................................. structure reaches f6i et I'l I L� g -tv five J`e i I ei lit, Buildin s m step .-Ig -1 -tal ten ------------ ------------------------L---------------------------------lj�!----------� _q]S_jj� _gLId.-iIi.o.1....................... ( S)l feet for every-. n &Uiorta---1---f-i----v in IL -t-h-e additional required step backs Lay_jj�tis d Tsets, ----------------- 59 Page 137 of 142 UNDESIRABLE ARCHITECTURAL VERTICAL ARTICULATION HORIZONTAL ARTICULATION TREATMENT ADDED ADDED PLAZA AREA CREATED IN -HE BUILDINGS SETBACK AREA MAJORITY OF BUILDING WALL LOCATED ALONG STREET R.O.W. 1 UP TO 2.5% OF MAJOR BUILDING FACADE MAY BE SETBACK FROM THE STREET R.O.W. INCREASED SIDEWALK LIP BACK BUILDING CORNER PROVIDES INTERESTING LANDMARK FEATURE PERMITTED ALLEY DESIGN AT MAJOR INT ERSECTION BETWEEN CORNER BUILDINGS PEDESTRIAN CUT THRU j AT CORNER 8. Parking. a. Minimum Number of` -----------------------------------------------i _tu , number of re ixe��...of f street:. � 1�cj!4>; shall be calculated in accordance with (`lea tgf x-icle 4' ctt��...2 areas from abut6n4t..f..:cfd t--of"..wayu��. locate bu ldirtas aloe fx��t 211 side carne ext\j lt��c� l�c�cf��x� ��1_1Sttc a kirw shall be ...............................a.,m.................................................................................................,. .........,. ............,„�............................................................................5....................................,. .......................+m.m......................................... located within rear and side intenor var�ls.f o all �.�c�w DI.O ects and those n wj is a�Ml�i��~�:... areas would be altered to accommodate � �t�� t��cl E�utl�li�� xc��ation or c� (2) Existi lg_pq lj1_1 _ a t ax c csti�� d l tTients may x ail. f the ��_unaltered as _._. a t �f a cv 17uil li 4'txc att� � �x a � t� � l 1 these hlstallces tine existingoff, stxeet a�l�t��4t area spall be substantially screened.fro ��:� ut_emises Env a h ��_e, decorative fiencc�lo. a ca�les, 60 Page 138 of 142 oracombirtationthereof-V videdthatsuch remain consistent with the intent ofthe BBBO, and to the standards ofthe urban landscape code to the maximum eIlt te _p x L. FxcepLit Ldi 1,,_LRequired PaL,��i jEtj Section 3 & 4 for additional -- -------------- � i A:QLgf�i ------�t --st eet s EL4 exce s -D-11L n", f�sjl!ire 0 r _Padkim ---------- j2l�L�2 --- ----fl--------------- 1), Siggjwrge andt'.xterior Lightin- Sty.indards. Scott ed w i thin the Boynton Beach Boulevard Ovei-lav--slia-11--Etc--ext ei-i-i-al-lv--il-lum-i-i-i-at-ed-oi-tiv, and consist of"wall mounteLl. and/or a siort, b, The size of"wall mounted sig.Lt. jj,.j�g_calculated at olle_ 1).. qgj��_foot of'sigri area olle (1) ---------- --- ----------------__--i---------------�p lineal foot of"buildirw frontau:e measured alorto the main buildirw entrance, =------------------------------------------------------------- 1-_1roecfmg si s re l the first floor, PI-6 iLt,o signs and mountirM brackets shall be _j-—----0--- ------ _�i� itte-d--o-i------------------------------------------jt�L_L =1----- ---------------------------------------- decorative in nature and the si face shall not exceed nine nd the i g sj121�Lfeet in size, L__�L---------------------------------------------------------- fcct„cf� scz [.jnderca!j2ky d le cr _j�t�tjhall not exceed 3 each, All _�LLLrt�_are i --------------------------- --------------------------- unde,va,iopy s �g,�Pr .g ties with over 250 feet of”linear street frontage oil Boynton Beach Boulevard arepg.Ejnitted one ....................................................................................................................................................------------------------------------------------------------------------------ -------------------------------- mollumellt SKJ1 w1th a maxi mum_heLLJ1im Cie j of ei( lches, g_ ) feet, a max Lj2ti , q!E _4j[! and a maximum area offorty_-(40) s,uare feet, Wriuments siuts shall be oriented p �q -----------------------------------------siuts s�allbe f" Prohibited siuljypcs, 1"'reestandiriL_siL iL L s above 40 feet--------------------------- -sto ies) animated- or movmgs,jmls and all other sigms b t bv -----p_ Monts are reqqujiEreqd t lI - ide a p p L L tas maximize ... Iixed use d ------------------------------------------------ _ Uiov ------------------- -------------------------- awareness of"and access to pu_b1_ixpa!j, tg locations. h, General L Gi-oui bti buil i i el ouraaed, However. when the iro—nd VW11 _0 !J_L�------ng_�2_ 1JU----------lu�_Andi gPJ_1=.J5 1-c---------------------------------------— use of` 2t11�gjiobti , tile fixture lei lit shall not exceed fifteen (15) feet. be decorative in gossa rv--- ---------------------------------------------------------------------------- nature and comnatible with the color and architecture ofthe buildirw - - - __ __ __ - __ -- - - - - of:...the - �Z= E--C-1. Downtown Transit-Oriented Development District(DTODD) Overlay . 1. Intent. This overlay implements Policy No. 1.18.1 of the Comprehensive Plan's future land use element which establishes the DTODD to improve land development patterns around the future station of the planned commuter service. The overlay's-zenels-features further enhance the vision embodied by mixed-use zoning districts with increased density and intensity as well as strong emphasis on interconnectivity throughout the area. 2. Defined. The DTODD Overlay Zeffe-coincides with the Station Area of a one-half(1/2) mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, which is the anticipated location of the Downtown Boynton Beach Station for the planned commuter Tri-Rail Coastal Link service on the FEC Corridor. 3. General. See additional standards and requirements for mixed-use (urban) districts based on the proximity to the planned train station in Chapter 3, Article 111, Section S.A. 4. Use(s)Allowed. For the DTODD, allowed uses are based on the underlying zoning district. See "Use Matrix," Table 3-28 in Chapter 3, Article IV, Section 3.D. 5. Building and Site Regulations. See Chapter 3, Article 111, Section S.C. 6. Additional Standards. See Chapter 4, Article 111, Section 6.H. for additional standards related to urban design and building location for properties located within the transit core of the Station Area. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-002, passed 3-1-11; Am. Ord. 12-016, passed 10-2-12; Am. Ord. 15-006, passed 3-2-15; Am. Ord. 17-023, passed 9-19-17) 61 Page 139 of 142 Sec. 9. Penalties. The city or any other legal authority shall enforce any violation of this article pursuant to the penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development Regulations. (Ord. 10-025,passed 12-7-10) 62 Page 140 of 142 Article IV. Use Regulations D. Use Matrix (Table 3-28). Footnotes 18. Cultural District .a � Overlays , a. This use is allowed in this zoning district only when proposed on a lot located within the Cultural District pa Overlay f °1i. ----------------------------------- .......................................... ............................................................................1..... ..... ........... ............................. b . Schools. Professional and Ttechnical schools allowed in the CD _ t-Omare limited to those that teach the culinary and visual arts. 19. General Note. This use shall be prohibited on the ground level of buildings located on lots that front on Ocean Avenue located within the Cultural District 20. General Note. This use is allowed as an accessory use to any lawful Arts Campus located within the Cultural District 63 Page 141 of 142 Chapter 4. Site Development Standards Article V. Minimum Off-Street Parking Requirements Sec. 3. Special Reductions in Required Off-Street Parking F. Cul atral Dislricl See ChMIgL3.Article 111. Section 8.1). for additional ................... off-street parking provisions regarding the _'ultural District Sec. 4. Exceptions to Providing Required Off-Street Parking. A. Adaptive Re-Use. 1. Applicability. The following described areas shall be eligible for specific parking reductions based upon adaptive re-use, including modifications, of existing buildings: a. Cultural District Overlay �+e� as defined in Chapter 3, Article 111, Section 8.1). b. No additional parking shall be required where: (1) The structure is enlarged in a manner not exceeding a cumulative total of one hundred percent (100%) of the existing gross floor area; or (2) The capacity of the structure is increased by adding subordinate dwelling units or floor area within the existing building envelop; or (3) The use of a structure is changed; or (4) The number of seats for eating and drinking establishments is increased by up to fifty percent (50%) of the existing total or up to forty (40) seats are provided where the previous use had none. 64 Page 142 of 142