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O85-42ORDINANCE NO. ~' ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A-ZONING, SECTION 6. COF~ERCIAL REGULATIONS AND USE PROVISI©L~S OF THE CODE OF ORDINANCES, 'CITY OF BOYNTON BEACH, FLORIDA, BY CREATING A NEW SUBSECTION 6F. PLANNED COMMERCIAL DEVELOPMENT DISTRICT; PROVIDING FOR THE INTENT AND PURPOSE OF THE PLANNED COMMERCIAL DEVELOPMENT DISTRICT; PROVIDING DEFINITIONS; PROVIDING A UNIFIED CONTROL REQUIREMENT; PROVIDING STANDARDS FOR PLANNED COMMERCIAL DEVELOPMENTS; PROVIDING FOR PERMITTED USES; PROVIDING FOR PROHIBITED USES; PROVIDING DESIGN CRITERIA FOR PLANNED COM~IERCIAL DEVELOPMENT; PROVIDING PROCEDURES FOR ZONING LAND TO PLANNED CO~AMERCIAL DEVELOPMENT; PROVIDING FOR PLANNING AND ZONING BOARD FINDINGS AND THE ESTABLISHMENT OF CONDITIONS AND STIPULATIONS; PROVIDING FOR A TIME LIMIT ON DEVELOPMENT; PROVIDING REGULATIONS FOR PLATTING, SITE DEVELOPMENT PLANS AND BUILDING PERMITS; PROVIDING A PROCEDURE FOR CHANGES IN PLANS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF APPENDIX A-ZONING, SECTION 6 COMMERCIAL DISTRICT REGULATIONS AND USE PROVISIONS SHALL REI~LAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE, SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL DF THE CITY OF BOYNTON BEACH, FLORIDA, that: Section 1: Appendix A-Zoning, Section 6. Commercia District Regulations and Use Provisions of the Code of Ordinances, City of Boynton Beach, Florida is hereby amended by creating a new subsection 6F. Planned Commercial DeveloPm~Z ~istrict. which shall read as follows: (See attached Exhibit A) Section 2: Each and every other provision of Appendi A-Zoning, Section 6. Commercial District Regulations and Use Provisions shall remain in full force and effect as previously ~nacted. Section 3: Specific authority is hereby given to ~odify this Ordinance. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of compete~ ]urisdiction to be invalid, such decision shall not affect the remainder of the Ordinance. Section 6: This Ordinance shall become effective immediately upon passage. FIRST READING this /~v.v day of ~J~ ~_~ · 1985. CITY OF BOYNTON BEACH, FLORIDA. i~Y CLE~ (Seal) VICE MAYOR COUNCIL ~/MB ER N~IL MEMBER "EXHIBIT A" Section 6F. Planned Commercial Development District. 1. INTENT'AND PURPOSE. A Planned Commercial District (PCB) is established.. The purpose of this district is to provide a zoning classification 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. Regulations for the PCD are intended to accomplish a more desirable environment for commercial development in relation to existing and/or -Future City developmen{, permit economies in providing public services, and to promote {he public health, safety, convenience, welfare and good government of the City of Boynton Beach. DEFINITION. A "planned commercial development": Is land under unified control~ mlanneo and develomed as a whole in a single development operation or a programmed series of developmenm (operations for commercial buildinos and related uses and facilit~es~ B. Provides -For a commercial district .o~: efficient and harmonious design sc) arranged as to create a[~ attractive []roject readily integrated with and having no adverse effect on adjoin~n~ or --~-- .surrounding areas and developments; C. Is developed according to co~.prehensive and detailed plans ¥or streets, utilities, lots, building sites, etc., and site plans, ~loor plans and elevations ~or all buildings intended to be located, constructed, used and related to one another: and detailed plans ~or other uses and improvements on the land related to the buildings; and, D. Includes a program ~or ~ull provision, maintenance, and operation o~ such areas, improvements, facilities and services for common use by the occupants o~ the planned commercial development. 3. UNIFIED CONTROL. All lands included in a Planned Commercial Development shall be under the control o~ the applicant or his assigns (an individual, partnerships, or corporation or group o¥ individuals, partnerships, or corporations). The applicant shall present satisfactory legal documents to constitute evidence o¥ the unified control o~ the entire area within the proposed PCD. The applicant shall a~ree to: A. Proceed with the proposed development according to the provisions o¥ these zoning regulations and conditions attached to the zoning o~ the la~'~d to PCD; ~ = ~ =' ·~, trac·~-~'~ deed restric~i[]ns, B.. F'rovi de agr~:emc--~nt.:) con .... , and sureties acceptable to the Cit. y ~or- cc)topi, etlon o-t: the development ac(zord:~ng to the plans approved at the time (.)f zoning to P[]D and -~or continuing operation and maintenance of such areas, functions, and facilities as are not to be provided, operated.~ or maintained at public expense; and C. Bind their successors in title to any commitments made under subsections 3A and B above. All agreements and evidence of unified control shall be examined by the City A'~torney and no zoning of land to the PCD classification shall be adopted without a certification by the City Attorney that such agreements and evidence of unified control meet the requirements of these zoning regulations. 4. STANDARDS FOR PLANNED COMMERCIAL'DEVELOPMENTS. In formulating recommendations and reaching decisions as to the zoning of land to the Planned Commercial Development zoning classification, the Planning and Zoning Board and City Council shall apply the following locational, utility and environmental standards consistent with the Comprehensive F'lan in addition to the Standards established in Section 9C of these zonzng regulations applicable to rezening o~ land generally. ~4. Relation to major transpor~_ation facilities. A PCD shall be so located with respect ~o .~a]or roadways or other transportation ~facilities as to provide direct access ~o ma.~or ~ransoor~ation ~acili{ies without crea'~ing or generatin~ an unacceptable level tra~-fic along streets in residential areas or c~istricts ¢)u-~side B. Extensions o¥ !_~ub]:icl~/ owned and maintaine~] uti].ities an~ s'[lorm ='~ ~ ~-~ =~_w,,..r.:~ etc. shall be constrc~cted by the applicant at no expense '[zo ~.he City and said utiliLies, etc. shall be d~.eedmd to the City clear o~ any encumbmrances. Construction standards employed in the installation o¥ publicly maintained utilities and storm sewers shall be those promulgated by the Engineering and Utility Departments as amended periodically. Concerning streets, cons~istent with the intent o~ these regulations, any required roadway improvements shall be constructed at the applicant"s expense including the dedication o~, additional rights-of-way as noted in the Tra¥~ic and Circulation Element o~ the Comprehensive Plan and the replacement o~ roadway capacity when applicable. C. Physical character o~ the site. The site shall be suitable ~or development in the manner proposed without hazards to persons or property, on or o~ the tract, ~rom probability o¥ ~loodlng, erosion, or other dangers~ annoyances, or inconveniences. Condition o¥ the soil, groundwater level, drainage and topography shall all be appropriate to both kind and pattern o~ use intended. 5. USES PERMITTED. Within a Planned Commercial Di~,trict, no buildzng, structure, land or water shall be used except ~or one or more o~ the ¥ollow~ng uses.' A. All uses listed in Section 6C1 o¥ these zoning regulatzons provided howevers· that u~e=.= =~ lisZed as conditzonal ;~ill not be required to secure Conditional Use Approval i~ shown on the ~as~_er Plan ~ r'~quired.~, as a ~ar'~ o~ Lhis ~ub,'niss~.on,,' B. Uses ancillar-~ Lc::) p(~-~rmiLted uses: and -4- C. Commercial uses not listed in Section 6C1 but approved by the Planning and Zoning Board. 6. USES PROHIBITED. A. All uses listed in Section 6C2 of these zoning regulations. 7. DESIGN CRITERIA FOR PLANNED COMMERCIAL DEVELOPMENTS. in addition to the design and construction criteria established in other Chapters or Sections of the Boynton Beach Code of Ordinances, the following design criteria shall be applicable to the zoning, design and construction of planned commercial developments. A. Minimum Land Area. The minimum land area for a olanned commercial development shall be three (3) contiguous acres. B. Off-Street Loading. Every hospital, institu{ion, hotel or commercial building or similar use requiring the receipt or distribution by vehicle of materials or merchandise shall have one o'er-street loading bay for eacn~5-.,0('x')__ square feet of ~ross floor area or' fraction thereof. Off-s~ree~ loadinq_ areas shall be d~s..gn_d= -i ~= in such a manner a~ to screer. ~rom v';~ew at qround, level, par?.~d'= vehicles,' a materials handling facilities inc].udinc] compactors or dumpsters. For the purposes of khis section screening ~s defined as a soli~ stucco masonry wall painted c)n b~t~ sides. C. Lot Coverage. The Eol~a[ ground floor ar~a of all buildings and accessory structures shall no{~ exceed ~()rty percent (40%) of t~he plot -5- on which they are constructed. D. []pen Lot Areas. All open portions of any lot shall have adequate grading and drainage and shall be continuously maintained in a dust-free condition by suitable landscaping with trees, shrubs or planted ground cover. The design of such landscaping and the measures taken to insure its maintenance shall be subject to the approval of the Community Appearance Board. E. Planned Commercial Development District Setbacks. Front Yard 4-~] feet Side Yard 30 feet [Rear Yard 40 feet F. Peripheral Greenbelt. The project area shall be enclosed on all sides with the excepti~_~n of accessways for traffic and freight by a landscaoed greenbelt area with a minimum width o~ ten (10) feet exceot when such property abuts a residential district such greenbelt shall have a minimum width of twenty-five (25 feet. 8. ~:'ROCEDURES FOR ZONING LAND "FO F'LANNED COMMERCIAL DEVELOF'MEN~. procedure for zoning land '~o the Planned Commercial Development (zlassif:ic:ation shall be the same as for-zoning lands generally; however, because ~ hhe differences between planned development distric:ts and conventional district boundary requlation chan~es~ thru The procedures and requirements which ,Zollow shall apply to all applications ~or zoning to PCD in addition to the general requirements. A. Applications; materials ~o be submitted. In addition to information required for application ~or zoning generally, the applicant shall submit the ~ollowing materials or data: 1. Legal documents assuring unified control o~ the proposed PCD and the agreements required under subsection 3 above. A master plan containing: a. The title o~ the project and the names o~ the proYessional project planner, engineer, surveyor and developer; map; Scale, date, north arrow, and general location c. Boundaries o-F the property,, involved, all existing streets~ buildings, water cour~s~ easements, section lines and other existing important physical ~eature~ in and ad],.~ining ~he project d. Site .~lan o~ iota[ions o¥ land uses includin~ but not limited to commercial areas, greenbelts an~ prop~se~ r 1 (~ h '~ s - o ~; -- w a y s; Master plan showing access and 'kra~:fic -Flow~ and, --7-- ~. Tabulations of total gross acreage in the development and percentages thereof to be devoted to the various land t.tses. 3. Subdivision master plan requirements not listed above. 4. A market study indicating the market area and demand for the facilities proposed. 9. PLANNING AND ZONING BOARD FINDINGS. After conducting a public hearing (s) .~ the Planning and Zoning Board shall recommend to the City Council that the PCD zoning request be approved, approved with modifications or denied. In making its recommendation to the City Council, the Board shall make findings that the applicant has met the following requirements.' A. The requirements o¥ Section 9C of these reguiatioo~ related to zoning generally; B. The requirements ¥or unified control listed in Section 6F3 above; The standards lis~ced in Section 6F4 above: D. The design criteria listecl in Section 6F7 above; and, E. Consistency with the adopted Comprehensive Plan ¥or Boynt. on Beach. I0. CONDITIONS AND STIPULATIONS. In recommending zoning o~ land to the PCD classification, the Planning and Zoning Board may recommend and the City Council may attach suitable conditions, safeguards, and stipulations, in accord 'with standards set out in these zoning regulations and in this section. The conditions, saYeguards and stipulations so made at the time of zoning to PCD shall be binding upon the applicant or his successors in interest. Deviations ,~rom the approved master plan except in the manner herein set out or failure to comply with any requirement, condition, or safeguard, shall constitute a violation o¥ these zoning regulations. It is intended that no conditions, saYeguards or stipulations be required which are not w~thin the standards set out in these zoning regulations and in this section and that conditions~ safeguards, and stipulations be clearly related to ~he ends and objectives o~ these zoning regulations and this section. 1l. TIME LIMIT. The approval o¥ the zoning to PCD by the City Council shall be in e~¥ect ~or_ eighteen (18) months ~rom the effective date o¥ the approval o~ the ordinance to rezone. ~-ailur~ t~m record a plat o~ record ~or the ~irst phase c)~ ~.he development or ~or the total deve].c)~)men~ as ~ihe case mav be within the a'fmremen~ioned eigh~e~ (18) months shall, t'-eSLllt in the laDsin~ m-F the al~proval o~ the zonin~ and master plan. I~ a pla'l:: o~ record is nc~'t recorded within eic.~h~een (18) months, the City Council.,, at its dj. sorer, ion.. may instruct the City Manager to File an applicii/[ic)n to rezone th[) 01'-c)[](.:~rty to t. he mos~ restrictive zoning category consistent with the Comprehensve Plan or the City Council may ,Zor good cause extend ~or one additior~al year~ the period ¥or recording a plat. 1~'~. PLATTINGs. SITE DEVELOPMENT PLANS AND BUILDING PERMITS. A. Platting. All Planned Commercial Developments are subject to and shall be developed consistent with the requirements o~ Appendix C. Subdivision and Platting Regulations o~ the Boynton Beach Code o~ Ordinances. B. Site Development Plans. All Plans ~or lots or parcels proposed to be developed within Planned Commercial Developments are subject to an~ shall be developed consistent with the requirements Chapter 19, Article II Site Plan Review and Approval and Chapter 19, Article III, Community Appearance Board o~ the Boynton Beach Code o¥ Ordinances. C. F'ermlts. No building permits shall be issued unless and until plattin~ procedures and the requirements outlined in Chanter Articles II and III o¥ the Cit.v~-~Code are completed in every respect. 13. CHANGES iN PLANS. A. Modi~icati~ns to apnroved plans which result in an increase o¥ ten (10) percent or more :in measurab:le i'npact, s such as traffic created, water u.~sed or sewac]e or storm water generated or sc]me other comparable measure shall. I:)e proc(~.s~-~.~d-~ ~'-"~ as .~-or a new applicat~.on 4:or -10- zoning to PCD. B. Modifications to approved plans which result in an increase o~ less than ten (10) percent in measurable impacts may be approved by the Planning and Zoning Board, however, any changes in traffic generated~ water consumed or sewage to be collected will require approval by the City Council. The Board's decision to approve, approve with modifications or deny or to recommend approval, approval with modi¥ications or denial, shall be ~redicated upon a ¥inding o~ consistency w~th the Comprehensive Plan and a ~inding that any such increase will not result ~n a negative ~m~act on infrastructure delivery systems or the surrounding area in general. It is the intent o¥ th±s section that all additional impacts be mitigated. Any decision o~ the Board in this regard is appealable to the City Council.