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O91-73Rev. prior to 2nd Reading - 10/10/91 ORDINANCE NO. 091-7~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CREATING A NEW PART III OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA ("CITY CODE") ENTITLED "LAND DEVELOPMENT REGULATIONS"; CREATING A NEW CHAPTER 4 OF PART III OF THE CITY CODE ENTITLED "SITE PLAN REVIEW"; DELETING SECTION 7.5-6.1. OF THE CITY CODE ENTITLED "ALTERNATIVE APPLICATION PROCEDURES"; AMENDING SECTION 19-15 OF THE CITY CODE ENTITLED "PAYMENT REQUIRED; SCHEDULE"; DELETING ARTICLES II, IV, AND V OF CHAPTER 19 OF THE CITY CODE ENTITLED "SITE PLAN REVIEW AND APPROVAL", "DOWNTOWN REVIEW BOARD", AND "CENTRAL BUSINESS DISTRICT PROJECT REVIEW AND APPROVAL", RESPECTIVELY; DELETING SECTIONS ll(A) AND (O) OF APPENDIX A OF THE CITY CODE ENTITLED "SITE PLAN REQUIREMENTS", AND "RIDER TO SITE PLAN APPLICATION" RESPECTIVELY; PROVIDING THAT ALL EXISTING REFERENCES IN THE CITY CODE TO THE TECHNICAL REVIEW BOARD (TRB) SHALL BE DEEMED TO REFER TO THE TECHNICAL REVIEW COMMITTEE (TRC); PROVIDING THAT ALL REFERENCES IN THE CITY CODE TO THE SITE PLAN REVIEW PROCESS OR TO SECTIONS 19-17 THROUGH 19-27 OF THE CITY CODE OR TO SITE DEVELOPMENT PLANS SHALL BE DEEMED TO REFER TO PART III, CHAPTER 4 OF THE CITY CODE; PROVIDING FOR CONFLICTS, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the city of Boynton Beach has previously directed the Planning Department to update and clarify the City's land use regulations; and WHEREAS, the City Planning Department has recommended a new Chapter for site plan review and approval which was reviewed and recommended for approval to the City Commission by the Planning and Zoning Board at their meeting of August 13, 1991; and; Beach, WHEREAS, the City Commission of the Florida, concurs with the Planning Planning & Zoning Boards' chapter for site plan review and Chapter 4 of the new Part III of provided. NOW, THEREFORE, BE recommendation approval the City City of Boynton Department and the to establish a new to be set forth as Code as hereinafter IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: CODING: Words in struck-through type are deletion from existing law; Words in underscore type are additons. 1 Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are hereby ihereby made a specific part of this Ordinance. Section 2. The City Commission of the City of !IBoynton Beach, Florida, hereby authorizes the creation of a new Part III of the Code of Ordinances of the City of Boynton Beach, Florida ("Code") to read as follows: PART I I I CODE OF ORDINANCES LAND DEVELOPMENT REGULATIONS Section 3. The City Commission of the City of Boynton Beach, Florida, hereby provides that all references in the Code to the Technical Review Board (TRB) shall be deemed to refer to the Technical Review Committee (TRC). Section 4. The City Commission of the City of Boynton Beach, Florida, hereby provides that all references in the Code to the site plan review process or to Sections 19-17 through 19-27 of the Code or to site development plans shall be deemed to refer to PART III, Chapter 4 of the Code. Section 5. Section 7.5-6.1 of the Code entitled "Alternative application procedures." is hereby deleted in its Section 19-15 of the Code entitled schedule." is hereby amended to read as entirety. Section 6. "Payment required; follows: Sec. 19-15. Pa!~ment required; schedule. The following fees shall be charged for certain enumerated land development activities. No land development activity as set forth in this section shall be commenced or shall continue without payment to the city of the fee set out herein. Fee Type of Activity Site plan ove~ -$~887888~88 -va~ue7 -o~gina~ subm~ssi~n~ For 0 to 2 acres ............... $500.00 For 2 to 5 acres ............... 750.00 For 5+ acres .................. 1,250.00 S~te---pkan---ove~---$~88i888=88---vakue---o~ ~onditiona~-use-mino~ CODING: Words in st~uck-th~ough type are deletion from existing law; Words in underscore type are additons. 2 mo~{~ca%~on~ .................. ~58v88 S~te-p~an-un~er-$~887088v88-va~ue7-~r~g~na~ Site plan resubmission: For 0 to 2 acres ................ 250.00 For 2 to 5 acres ................ 350.00 For 5+ acres .................... 750.00 Central business district project review: ................ $650.00 Va~ue-o~-p~oject-~ess-than Va~ue-e~-p~eject-grea~er-than Section 7. Articles II, IV and V, of Chapter 19 of the Code entitled "SITE PLAN REVIEW AND APPROVAL", "DOWNTOWN REVIEW BOARD", AND "CENTRAL BUSINESS DISTRICT PROJECT REVIEW AND APPROVAL", respectively, are hereby deleted in their entirety. of Appendix A of the Section 8~ Section ii(A) and (O) Code are hereby deleted in their entirety. Section 9. Chapter 4 of Part III created to read as follows: Sec. 1. Sec. 2. of the Code is hereby CHAPTER 4 SITE P~AN REVIEW Purpose The purpose of this chapter is to PrOvide a procedure to review new developments, redevelopments and modifica- tions to existing developments that requires compliance with the development regulations of the City of Boynton Beach and promote development that is desirable, innova- tive, imaginative and compatible with existing develop- ment in the City. Applicability 2.1. The following site plan review as 2.1.1. work shall be required required by this Chapter: All new developments. to undergo CODING: existing Words in struck-through type are deletion from law; Words in underscore type are additons. 2.1.2. Ail modifications to existing development that expand floor area, require increased parking, intensify the use of a structure, or change the occupancy of a building. 2.1.3. Exterior remodeling, alterations, modifi- cations. 2.2. The following work shall not be required to undergo site plan review as required by this chapter: 2.2.1. The construction of a single family home or a duplex. 2.2.2. Interior renovations except projects as specified in Section 2. Subsection 2.1. 2.2.3. Installation of fire sprinklers. 2.2.4. Replacement of existing electrical components. 2.2.5. Installation of fire alarms. 2.2.6. Voluntary life safety responsive projects when endorsed by the Fire Marshall, Building Official, and Planning Director. 2.3. Site Plan Review may be waived by the Planning and Zoning Director or his designee based upon all of the following: 2.3.1. If the remodeling, alteration, modifica- tion, development or redevelopment does not change the preexisting configuration of buildings or site or reduce emergency vehicle access; and 2.3.2. If there is no change of use which increases the required number of off-street parking spaces; and 2.3.3. There is compliance with the development regulations of the City of Boynton Beach. In the event a property owner or his agent disputes the Planning and Zoning Director's determination regarding compliance, .the work shall be subject to site plan review. CODING: Words in struck-through type are deletion from existing law; Words in underscore type are additons. 4 Sec. Sec. 2.3.4. Waivers shall be requested by completion of an application prepared by the Planning and Zoning Department and payment of a fee established and adjusted by the City Commission from time to time. 2.3.5. The Planning Director shall file a quarterly report on waivers with the City Commission. Preapplication Conference A preapplication conference with the Planning and Zoning Department is encouraged prior to the preparation and submission of any site plan required pursuant to this chapter. The purpose of this conference shall be for the staff and applicant to discuss overall community goals, objectives, policies and codes as related to the proposed development and to discuss site plan review procedures. Opinions expressed at the pre-application conference are not binding for formal review purposes. Site Plan Review 4.1. Any person wishing to develop property within the City shall submit a site plan review application, an application fee and proposed site plan and copies as required by the Planning and Zoning Department. The purpose of this submission shall be for review of the basic design quality of the proposed development and to insure compliance with applicable City codes. 4.2. The Planning and Zoning Department shall be responsible for the overall coordination and administra- tion of the site plan review process. 4.3. Within 2 business days (not including the date of filing) of receiving the plans and application for site plan review, the Planning and Zoning Department shall inform the applicant of the completeness of the applica- tion and either accept the application or reject the application. Rejected plans and applications shall be CODING: Words in struck-through type are deletion from existing law; Words in underscore type are additons. 5 returned to the applicant with a list of deficiencies in writing from the Planning and Zoning Department. 4.4. Plans will be distributed within 3 working days of acceptance to Engineering Department, Fire Department, Utilities Department, Public Works Department, Building Department, Police Department, City Forester, and Planning and Zoning Department for review comments within 15 days unless otherwise the Planning and Zoning Director. The Planning and Zoning Department ments from these departments to the and written requested by shall forward com- applicant within 30 days of the acceptance of a site plan and application for review. 4.5. After forwarding the comments to the applicant, a technical review committee (TRC) chaired by the Planning and Zoning Director or his designee and made up of the following City staff of the Engineering, Parks and Recreation, Fire, Police, Utilities, Public Works, Planning and Zoning and Building Departments shall meet to review comments in order to coordinate the technical advice and expertise of the members of the committee. 4.6. The applicant shall amend the plans to reflect the comments made by the various departments. All comments will be addressed either on the plans or, if not applicable, in writing by the applicant. 4.7. The applicant shall resubmit the amended plans and documentation to the Planning and Zoning Department within 90 days of the receipt of the comments. If amended plans are not submitted within this time the application shall become null and void and the applicant will be required to submit a new application and plans with a new fee. 4.8. The Planning and Zoning Department shall distrib- ute the amended plans to Departments identified in 4.4. Each department shall respond to the Planning and Zoning CODING: Words in st~k-~hrough type are deletion from existing law; Words in underscore type are additons. 6 Sec. Department with either a recommendation to approve or reject the plan within 10 working days. 4.9. The Planning and Zoning Department shall notify the applicant of the responses by the departments and shall schedule the site plan for review by the Planning and Zoning Board at its next available meeting unless the applicant requests a postponement of the Planning and Zoning Board review in writing from the Planning and Zoning Director. 4.10. The Planning and Zoning Board shall recommend to the City Commission to approve the plan, approve the plan with conditions, or to deny the plan. 4.11. The Planning and Zoning Department shall forward the plan and the recommendation of the Planning and Zoning Board to the City Commission at its next avail- able meeting. The City Commission shall consider the recommendation of the reviewing departments, the recom- mendation of the Planning and Zoning Board and shall approve the plan, approve the plan with conditions, deny the plan or defer action on the plan. Expiration of Site Plan Upon approval of a site plan by the City Commission, the applicant shall have one year to secure a building permit from the Building Department. If an applicant fails to secure a building permit in that time, all previous approvals shall become null and void and the applicant will be required to submit a new site plan and application provided, however, a clearing permit shall not constitute a building permit plan for site plan review purposes. At its discretion, the City Commission may extend the approval of a site plan for a one-year period, provided a request for extension is filed prior to the expiration of the one-year period. In granting such extensions the City Commission may impose addition- al conditions to conform the site plan to current development standards. CODING: Words in struck-through type are deletion from existing law; Words in underscore type are additons. 7 !Sec. 6. Sec. 7. Notification When a site plan has been scheduled for review by the Planning and Zoning Board, the Planning and Zoning Department shall supply the applicant with a sign or signs to be posted on the subject property on which the site plan will be effective with the following informa- tion: 6.1. 6.2. Description of proposed use. Availability of plans for review of interested citizens within the Planning and Zoning Department. 6.3. Dates and times of the Planning & Zoning Board and City Commission meetings to review the proposed plan. Submission Requirements Each applicant shall submit to the Planning and Zoning Department the following plans and exhibits in the number of copies specified by the Planning and Zoning Department, together with a site plan review application and a fee adopted by resolution by the City Commission. 7.1. Existing site characteristics map: A recent certified property survey showing all adjacent streets, alleys and driveways, and also illustrating: 7.1.1. Existing natural features, including but 7,2° not limited to lakes, trees and soils and topography. 7.1.2. Existing buildings, and other vegetation building elevations, other structures, including use, height, dimensions and setbacks. 7.1.3. Existing utility lines and all easements. 7.1.4. Existing elevations finished floor Site development plan: 7.2.1. A scaled drawing (corner, street and clearly illustrating proposed buildings and other structures, and any existing buildings and structures which are to be retained, including use, height, dimensions and setbacks. CODING: Words in struck-through type are deletion from existing law; Words in underscore type are additons. 8 7,3. 7.4. 7.5. 7.2.2. driveways and dimensions and and signage. 7.2.3. Proposed fences location, dimensions, material. Proposed off-street parking spaces, sidewalks, including location, setbacks, traffic control marking and walls, including setbacks, height and Proposed location of lighting on site. 7.2.4. 7.2.5. Proposed dumpster location. Landscape plan: 7.3.1. A separate scaled drawing (at the same scale as the site development plan) prepared as required by state law clearly illustrating pro- posed trees, shrubs, grass and other vegetation, including location, height, size and type of plant by common and botanical name. 7.3.2. Proposed berms, watercourses and other topographic features. 7.3.3. A notation on method of irrigation. illustrating elevations, drawing clearly floor plan and exterior dimensions, exterior Architectural plan: 7.4.1. A scaled proposed building including height, color and materials. 7.4.2. A colored elevation drawing showing all elevations of the building. (This submittal can be waived by the Planning and Zoning Director when not applicable.) Tabular Summary Containing: 7.5.1. Total gross project area square footage and net acres and square feet. 7.5.2. Total number by acreage and land area in residential number of buildable of proposed units, including characteristics by bedrooms and bathrooms and gross square footage of each typical unit. CODING: existing Words in s%ruck-threugh type are deletion from law; Words in underscore type are additons. ~ec. 7,6, 7.5.3. Proposed nonresidential floor area by type of use and total gross square footage. 7.5.4. Square footage and percentage distribu- tion of the total project site, including areas proposed for landscaped open space, vehicular use areas, other paved areas, and building coverage and total coverage. 7.5.5. Number and ratio of required and provided off-street parking spaces and number of loading spaces. 7.5.6. 7.5.7. Water bodies in acres and square feet. Height of buildings. Drainage Plan: 7.6.1. Drainage plan showing arrows, pretreatment facilities and quantity calculations standards. Review Standards The following standards shall ning and Zoning Department departments for review and plans and exhibits. 8.1. Natural Environment: shall elevations, flow and water quality meeting City drainage be utilized by the Plan- and all other applicable evaluation of all required Ail proposed developments 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 unattrac- tive uses. In all instances the City's landscaping and all other applicable regulations shall be fully complied with as minimum standards. 8.2. Open Space: Adequate landscaped open space shall be provided which meets the particular needs and demands of the proposed development. The type and distribution CODING: Words in struck-through type are deletion from existing law; Words in underscore type are additons. 10 of all open space shall be determined by the character, intensity and anticipated residential or user composi- tion of the proposed development. 8.3. Circulation and Parking: Ail circulation systems and parking facilities within a proposed development shall be designed and located in such a manner as to comply with the following: 8.3.1. A clearly defined vehicular circulation system shall be provided which allows free move- ment within the proposed development while dis- couraging excessive speeds. Vehicular circulation systems shall be separated as much as practicable from pedestrian circulation systems. 8.3.2. Access points to peripheral streets shall be provided which adequately serve the proposed development and which are compatible and function- circulation systems outside the develop- al with ment. 8.3.3. Whenever possible in proposed residential developments, living units should be located on residential streets or courts which are designed to discourage non-local through traffic. 8.3.4. Off street parking areas shall be provid- ed which adequately accommodate maximum vehicle storage demands for the proposed development and are located and designed in such a manner so as to serve the uses in the proposed development and not create incompatible visual relationships. 8.3.5. Safe and efficient access to all areas of the proposed development shall be provided for emergency and service vehicles. 8.3.6. Sidewalks shall be provided as required by the City regulations. 8.3.7. Conformance with the City and County Throughfare Plans is required. CODING: Words in struck-%h~ugh type are deletion from existing law; Words in underscore type are additons. 11 8.3.8. Compliance with the Palm Beach Traffic Performance Ordinance is required. ~ 8.4. Community Services: All proposed developments shall be designed and located in such a manner as to insure the adequate provision of the services: 8.4.1. Fire protection 8.4.2. Police protection 8.5. Building and Other Structures: following community Ail buildings and structures proposed to be located within a development shall be oriented and designed in such a manner as to enhance, rather than detract from, the overall quality of the site and its immediate environment. The follow- ing guidelines shall be followed in the review and evaluation of all buildings and structures: 8.5.1. Proposed buildings and structures shall be related harmoniously to the terrain, other buildings and the surrounding neighborhood, and shall not create through their location, style, color or texture incompatible physical or visual relationships. 8.5.2. All buildings and structures shall be designed and oriented in a manner insuring maximum privacy of residential uses and related activities site being developed and adjacent both on the property. 8.5.3. Ail permanent outdoor identification features which are intended to call attention to a proposed development and/or structures shall be designed and located in such a manner as to be an integral part of the development. 8.5.4. All buildings and structures shall comply with the Community Design Plan. 8.6. Concurrency and Level of Service Standards: For the purpose of the issuance of development orders and CODING: Words in struck-through type are deletion from existing law; Words in underscore type are additons. 12 ~ec. permits, the City of Boynton Beach has adopted level of service standards for public facilities and services which include roads, sanitary sewer, solid waste, drainage, potable water, and parks and recreation. Compliance with levels of service as stated in the Boynton Beach Comprehensive Plan is required. Modification of Approved Site Plan 9.1. Minor: A non-impacting modification which will have no adverse effect on the approved site and develop- ment plan and no impact upon adjacent and nearby proper- ties, and no adverse aesthetic impact when viewed from a public right-of-way as determined by the Planning and Zoning Director. 9.2. Major: A modification which presents a signifi- 9.3. tion, ing: cant change in intensity of use which, in turn, may have a significant impact upon facilities, concurrency; upon nearby and adjacent properties, or upon findings made at the time of approval of the site and development plan as determined by the Planning and Zoning Director. In making a minor/major modification determina- the Planning Director shall consider the follow- 9.3.1. Does the modification increase the buildable square footage of the development by more than 5 percent. 9.3.2. Does the modification reduce the provided number of parking space below the required number of parking spaces. 9.3.3. Does the modification cause the develop- ment to be below the development standards for the zoning district in which it is located or other applicable standards in the Code of Ordinances. 9.3.4. Does the modification have an adverse effect on adjacent or nearby property or reduce required physical buffers, such as fences, trees, or hedges. CODING: Words in s%ruck-through type are deletion from existing law; Words in underscore type are additons. 13 9.3.5. Does the modification adversely effect the elevation design of the structure or reduce the overall design of the structure below the standards stated in the Community Design Plan. 9.3.6. Does the modified development meet the concurrency requirements of the Boynton Beach Comprehensive Plan. 9.3.7. Does the modification alter the site layout so that the modified site plan does not resemble the approved site plan. 9.4. When any determination of major/minor modification made by the Planning and Zoning Director is challenged or contested by the applicant, processed as a new site plan chapter. the modification shall be in accordance with this 9.5. Procedure: A site plan modification shall be processed as follows, pursuant to its categorization: 9.5.1. Minor: Administrative review and action by the appropriate City departments. 9.5.2. Major: Processing is the same as for the original site plan. 9.6. Required Information: The following information must be presented with a request for a site plan modifi- cation: 9.6.1. Minor: A letter which sets forth the requested changes along with an exhibit showing that portion of the site plan which is to be changed in its present condition and an exhibit depicting the requested change. 9.6.2. Major: A major modification shall contain the same information as required for a new site plan submittal. 9.7. Upon approval of a major site plan modification by the City Commission, the applicant shall have one year to secure a building permit from the Building Depart- ment. If an applicant fails to secure a building permit CODING: Words in struck-through type are deletion from existing law; Words in underscore type are additons. 14 in that time, all previous approvals shall become null and void and the applicant will be required to resubmit the plan for site plan review. At its discretion, the City Commission may extend the approval of a major site plan modification for a one-year period. Minor modifi- cations shall not extend the time limits of an approved site plan. 10. 9.8. in the CBD Central Business Dis- The Planning Director shall file a quarterly report on minor site plan modifications with the City Commission. Review of site plans trict, zoning district or the Community Redevelopment Agency area. 10.1. For areas zoned CBD Central Business District or within the Community Redevelopment Agency area of jurisdiction, all the sections of this chapter shall apply except that the functions of the Planning and Zoning Board and the Community Appearance Board shall be performed by the Community Redevelopment Advisory Board (CRAB) and the functions of the City Commission shall be performed by the Community Redevelopment Agency (CRA). Sec. 11. Maintenance 11.1. Upon the issuance of a certificate of occupancy an improved site must be approved site plan. Section 10. That all maintained ordinances in compliance with the or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 11. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 12. Authority is hereby granted to codify said ordinance. Section 13. This ordinance shall become effective immediately upon passage. CODING: Words in s%ru~k-th~ugh type are deletion from existing law; Words in underscore type are additons. 15 FIRST READING this / day of ~7~._ · 1991. SECOND, FINAL READING and PASSAGE this /~ day of 1991. CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST~ C~y Clerk - (Corporate Seal) Vice Mayor Commissioner SITEPLAN.ORD Rev. 9/26/91 Rev. 10/10/91 CODING: Words in s%~uek-%hrough type are deletion from existing law; Words in underscore type are additons. 16