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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onflict with any provisions of this ordinance are hereby repealed.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.
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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.
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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.
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(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;
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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.
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(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.
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