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04-068 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 ORDINANCE NO. O4- O(o~5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 "ZONING", SECTION 5.L. INFII.I. PLANNED UNIT DEVELOPMENT; PROVIDING ADDITIONAL STANDARDS FOR BULIDING DESIGN, USABLE OPEN SPACE AND COMPATIBILITY WITH SURROUNDING DEVELOPMENT; PROVDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City adopted the IPUD-Infill Planned Unit Development Zoning l iegulations in June 2002; and since that adoption staff has become concerned that regulations to not offer adequate protection to existing and stable single-family residential developments hat may be adjacent to the infill projects; and WHEREAS, the City Commission, upon recommendation of staff, approved a Notice )f Intent (NOI) for the IPUD Zoning District on January 20, 2004, and a six month period ~,as allocated for staff to complete a study and to initiate amendments to the Land Development Regulations to ensure that the qualify of any Infill project approved under the legulations is consistent with the stated intent of the zoning district and the Federal Highway .~orridor Redevelopment Plan; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF ?HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clause is true and correct and is now ratified and onfirmed by the City Commission. Section2. Chapter 2. "Zoning", Section 5.L. of the Land Development ',egulations of the City of Boynton Beach Code of Ordinances is hereby amended by adding Ne words and figures in underlined type, and by deleting the words and figures in struck- ~rough type, in the attached Exhibit "A". Section 3. Each and every other provision of the Land Development Regulations ot herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in onflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion ~ereof be declared by a court of competent jurisdiction to be invalid, such decision shall not ffect the remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. :\CA\OrdinanceskLDR Changes'xAmdending LDR - Chapter 2.-5.L. IPUD.doc 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 1 Section 7. 2 FIRST READING this ~ day of August, 2004. 3 SECOND, FINAL READING AND PASSAGE this __ 4 August, 2004. [TTEST: 3ity lerk This Ordinance shall become effective immediately. day of CITY OF BOYNTON BEACH, FLORIDA Commis~er~ z~ ~~ ;:\CA\Ordinances~LDR ChangesL4andending LDR - Chapter 2.-5.L. IPUD.doc CHAPTER 2 - ZONING Sec. 5 Residential district regulations and use provisions EXHIBIT A L. INFILL PLANNED UNIT DEVELOPMENT (IPUD). The Infill Planned Unit Development (IPUD) District standards and regulations are created for the purpose of allowing flexibility to accommodate infill and redevelopment on parcels less than five (5) acres in size. Parcels five or more acres in size shall comply with normal Planned Unit Development regulations found in Chapter 2.5 of the Land Development Regulations. 1. Intention and expectations. a. The IPUD regulations are intended to be used in situations where new development or redevelopment is proposed within an already developed area or neighborhood located in the "Federal Highway Corridor Community Redevelopment Plan" Study Areas I and V. A mixture of uses, including residential, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. b. It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed 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 above stated planning expectations are met in the proposed development plan. c_ 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. d_ In order to be approved, an IPUD project must be compatible with and preserve the character,..,.'~-'~ ~,,...,_.~j~;*-' of adjacent residential neighborhoods. Further, it must be an enhancement to the local area and the city in general. Presentation of projects that fail to do so will be denied. e_. 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 be entertained as a valid argument for the inclusion of that same feature in any other IPUD project if the City decides to reject those features. S:\CA\RAL\IPUD 07-21-04Final.doc 2. Application process. a. The procedures and requirements for applying for rezoning to the IPUD district are the same as those for rezoning to the PUD district as stated in Chapter 2.5, Section 10 of the Land Development Regulations. b. When the IPUD is to be developed in a single phase, the Site Plan for the development may also represent the Master Plan. c_. The entire property proposed for development as an IPUD shall be under common ownership or unified control, so as to ensure unified development. 3. Development standards. Minimum lot area: Maximum lot area Maximum height Maximum lot coverage (Building): Maximum density Minimum usable open space per dwelling unit: Perimeter Setbacks 1 acre 5 acres 45 ft. (lesser height may be required for compatibility with adjacent development) 50% Determined by underlying land use: · 10.8 du/ac for lands classified High Density Residential (HDR) or Local Retail Commercial (LRC); or · 20 du/ac for lands classified Special High Density Residential. ~ 200 sq. ft. Shall mirror setbacks of adjacent zoning district(s) but with a minimum of the setback required for a single-family residence, as determined by the orientation of structures in the IPUD. 4. Additional standards. a. Building design elements. (1) Massing. The proportions and relationships of the various architectural components of the buildings should be utilized to ensure compatibility with the scale of other development in the vicinity. The buildings should not detract from or dominate the surrounding area. (2) Materials. A variety of materials must be utilized to provide visual interest to the buildings. Colors and materials must be selected for compatibility with the site and the neighboring area. The exterior building design must be coordinated on all elevations with regard to color, materials, architectural form, and detailing to achieve design harmony and continuity. S:\CA\RAL\IPUD 07-21-04Final.doc (3) Articulation. Well-articulated buildings add architectural interest and variety to the massing of a building and help break up monotonous facades. A variety of features must be incorporated into the design of the buildings to provide sufficient articulation of the facades. This may be achieved by incorporating the use of vertical and/or horizontal reveals, stepbacks, modulation, projections, roof detailing, and three dimensional details between surface planes to create shadow line and break up flat surface areas. (4) Overall design. Design of the project shall be tailored to the specific site and shall take into consideration the protection and enhancement of any natural features of or adjacent to the site as an element in the overall design. mb. Screening and buffering. (1) Appropriate screening and buffering will be required. (2) Such screening sho'a!d must be4m~aded-m shield neighboring properties from any adverse c~tema4 effects of the proposed development. (3) Screening and buffering should must also be used to shield the proposed development from the negative impacts of adjacent uses. (4) Special emphasis should be placed on screening the intrusion of automobile headlights on neighboring properties from parking areas and driveways. l~c. Pedestrian circulation. (1) Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular ways and parking spaces. (2) In all cases, pedestrian access to public walkways shall be provided. b. ~ ~ Usable open space. ewnershlp arcar,,Shall be required for residential development projects and mixed-use residential Shall include active or passive recreational space; required cFen sFace. Shall not be occupied by streets, drives, parking areas, or structures other than recreational structures; S:\CA\RAL\IPUD 07-21-04Final.doc proposed; (4) Shall be designed to be available and accessible to every dwelling unit (5) Shall, where feasible, be centrally located in the development; and (6) Shall not include private courtyards, natural areas and water bodies. de. Trash collection. (1) Special emphasis shall be placed on trash collection points. (2) Trash containers or dumpsters shall 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 so as tc be conveniently accessible to their users and collectors. (3) Dumpsters or trash containers shall not be located within setbacks abutting single-family residential developments. e:.f. Mixed land uses. (1) Within the IPUD, mixed land uses may be proposed. (2) Commercial uses shall only be allowed for developments fronting on streets classified as "arterial" on the "Functional Classification of Roadways" map in the Boynton Beach Comprehensive Plan. (3) blowev~, S_such development must be found compatible with adjacent uses and established design characteristics. (4) r. .... .;~.;~; ...... ;. ~,~^ ~..~ ;,,.~.~.~ ... ~. .........~'~ .~.._ ........ '~ development .................................... o ...................... o progeX:es. Any commercial uses sha be small-scale retail and services, primarily to serve the residents of the IPUD, and not the public in general. (5) Any commercial uses must front on the arterial roadway or on an access wholly contained within the project with neither entrance nor exit on or visible from or disruptive to adjacent properties, streets, and rights-of-way. Compatibility with surrounding development. (1) Compatibility will be judged on how well the proposed development fits within the context of the neighborhood and abutting properties. For this purpose, elevations and cross-sections showing adiacent structures shall be included with the site plan application. S:\CA\RAL\IPUD 07-21-04Final.doc 5 (2) 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 following two requirements: a. Any IPUD located adjacent to an existing single-family residential development(s) must locate structures of the same unit type or height allowed by the adjacent zoning district(s). b. Structures on the perimeter of an IPUD project, in addition to the basic setback requirements, must be set back one (1) additional foot for each one (1) foot in height for the perimeter structures that exceed thirty (30) feet. (3) 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 built 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. Vehicular circulation. (1) Privately owned streets providing secondary vehicular circulation internal to the IPUD may be considered for approval with rights-of-way and pavement widths less than the requirements stated in the City's Land Development Regulations. However, in no case shall health, safety and/or welfare be jeopardized. Roadways providing external connections to the City's street network shall meet all requirements contained in the City's Land Development Regulations. g-:.i. Exterior lighting. Lighting of the exterior, parking areas and watercraft docking facilities of the planned development shall be of the lowest intensity and energy use adequate for its purpose, and shall not create conditions of glare that extend onto abutting properties. h:.j_. Natural features. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth and open space. S:\CA\RAL\IPUD 07-21-04Final.doc