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O00-52ORDINANCE NO. O 00-52 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 2, OF THE LAND DEVELOPMENT REGULATIONS, SECTION 7, PLANNED INDUSTRIAL DEVELOPMENT DISTRICTS; TO ALLOW MIXED USE PODS OF COMMERCIAL, RETAIL, MULTI-FAMILY RESIDENTIAL AND OFFICE/PROFESSIONAL USE IN PLANNED INDUSTRIAL DEVELOPMENT DISTRICTS; PROVIDING FOR DESIGN GUIDELINES; PROVIDING SUBMISSION REQUIREMENTS; PROVIDING PROCEDURES FOR REVIEW; PROVIDING FOR PROCEDURES FOR WAIVERS OF STANDARD ZONING; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it is in the best interest of the City, the development community, and the public to modify the current provisions of the Land Development Regulations concerning Planned Industrial Development Districts, to provide guidelines for residential components, to facilitate review, and to provide a means of review by the City Commission. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Chapter 2, Section 7, Planned Industrial Development Districts is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type. Section A is amended to read: A. INTENT AND PURPOSE. A planned industrial development district (PID) is established. The purpose of this district is to provide a zoning classification for light industrial development that will better satisfy current demands for light industrial zoned lands by encouraging development which will reflect changes in the technology of land development and relate the development of land to the specific site and to conserve natural amenities. J:\SHRDATA\CA\ORD\MIXEDUSEPODRev 101600.doc Regulations for the PID are intended to accomplish a more desirable environment for industrial development in relation to existing and/or future city development, permit economies in providing public services, allow for economies of scale in industrial development, and to promote the public health, safety, convenience, welfare and good government of the City'of Boynton Beach. PID districts may contain Mixed Use Pods with retail, commercial, office, and residential components, subject to the desiqn and approval criteria hereinafter set forth. A new subsection P is created to read: P. MIXED USE PODS WITHIN APPROVED PLANNED INDUSTRIAL DISTRICTS. The following criteria shall apply to Mixed Use Pods proposed for development within an approved PID: 1. Mixed Use Pod Components and Definition A. For the purpose of this subsection, a Mixed Use Pod is defined as a development project located entirely within a previously approved PID which, when complete, will have all of the followinq uses: 1 ) multi-family residential, 2) commercial/retail, 3) office and professional, The residential component of the Mixed Use Pod may include fee simple and rental dwellinq units. A mixed use Pod is the aggregate of all land within the PID consolidated and desiqnated for mixed use. B. Definitions: 1. Master Site Plan. Master Site Plan is the conceptual plan for the entire mixed use Pod with which individual technical site plans and buildinqs as 3rocessed by the Technical Review Committee (TRC) are to be consistent~ J:\SHRDATA\CA\ORD\MIXEDUSEPODRev 101600.doc 2 Plan requirements of Master Site Plans are defined herein. 2. Technical Site Plan. Technical Site Plans are development plans for one or more lots submitted in compliance with Chapter 4, Section 7, (A. throu.qh G.) and Section 8. Prior to approval of the Master Site Plan, technical site plans may be reviewed by the City Commission, for review and approval of waiver requests for flexibility of development requlations. Such plans shall meet the regulations for technical site plans and shall specifically list in the tabular data those specific elements of the plan requiring waiver approval. C. Permitted Uses. Allowed uses in the Mixed Use Pod shall be limited to those conditional and permitted uses in the C-1 and C-2 zoninq districts and the permitted uses in the C-3 zoninq district alonq with the followinq additional uses and o provisions: Offices only, for the sale of new or used vehicles and boats; Automobile wash establishments if accessory to a principle use; Retail sales of hardware' and buildinq materials as described in the Land Development Regulations, Chapter 2, Section 6.C.1. 'T' and "aa" and Section 6.D.1 .'f" (excludin.q item 14) and includinq upholstery supplies, and 6.D.l."h"(not limited to the 2,000 square foot maximum) up to 10,000 square feet~ wholesale of these goods or retail sales uses in excess of 10,000 square feet, and wholesale of similar floods reqardless of floor area shall require conditional use approval~ 4. Mini/self-stora.qe uses intended to serve a mixed-use project excluding all exterior si.qnage except for identification signa.qe not in excess of 3 square feet) 5. Outdoor display of merchandise durinq business hours only~ and 6. Any use not specifically listed herein that is deemed consistent J: \SHRDATA\CA\ORD\/VIIXEDUSEPODRev 101600. doc with these provisions and reviewed consistent with the process described below. D. Uses Prohibited. Prohibited uses shall be limited to those uses listed as in the P.I.D. requlations, with the addition of adult entertainment uses; conditional uses as indicated in the C-3 zoning district re.clulafions; drive- up, drive-in, and drive-throuqh features except on financial institutions; and outdoor storaqe excluding outdoor display of goods, except where specifically permitted in the above section. The approval of uses in a Mixed Use Pod shall be processed in conjunction with the review of each technical site plan, except conditional uses shall require Commission approval. In the event a use is proposed that is not listed under the allowed uses or the prohibited uses, the Development Director or his/her desi.qnee may approve the use administratively as part of the site plan approval process if the use is determined consistent with the intent and purpose of the mixed use development. If the Director denies the use, the applicant shall have the riqht to appeal the decision directly to the City Commission as provided in paragraphs 7 and 8 hereafter. E. Maximum Structure Heiqht. Mechanical equipment which exclusively serves the structure shall not be included in the calculations of heiqht. 2. Desiqn standards for all components of Mixed Use Pods shall be as set forth herein below. Review and approval of a Mixed Use Pod shall be conducted by review and approval of a master site plan for the Mixed Use Pod (hereafter "Master Site Plan") pursuant to the Technical Review process as set forth in Chapter 4, LDR. Notwithstandin.q the provisions of Chapter 4 to the contrary, the submission requirements for the Master Site Plan are as J: \SHRDATA\CA\ORD\MIXEDUSEPODRev I 01600. doc 4 follows: Ao Co A sealed survey not older than six months showing all adjacent streets, alleys and driveways, and also illustratinq: 1. Existinq natural features. 2. Existing buildings and structures, including use, hei.qht, dimensions and setbacks. 3. Existing utility lines and all easements. 4. Existing elevations (corder, street and finished floor). A scaled Master Site Plan illustrating: 1. Proposed buildin.qs and other structures, and any existin.q buildings and structures which are to be retained, includin.q use, height, dimensions and setbacks. 2. Proposed off-street parking spaces, driveways and siElewalks, includinq location, dimensions and setbacks. 3. Proposed fences and walls, including location, dimensions, setbacks, height and material. A Landscape plan includin.q the following: 1. A separate scaled drawing (at the same scale as the site development plan) illustrating general location of trees, shrubs, grass and other vegetation. J: \SHRDATA\CA\ORD\MIXEDUSEPODRev 101600. doc 5 De 2. Proposed berms, watercourses and other topographic features. 3. A notation on method of irrigation. Architectural design standards showing the following: 1. Design themes to be followed, including materials. 2. Buildinq colors and color pallet options for accessory design elements. 3. All buildin.q and structure maximum plus height of mechanical heights, equipment. 4. Color elevation renderin.qs depicting representative desiqn concepts applicable to all structures. A Tabular summary containing: 1. Total gross project area by acreage and square footaqe and net buildable land area in acres and square feet. 2. Total number of proposed residential units, which shall not be less than 750 square feet per unit, unless a waiver is obtained as provided in paragraph P. 3 below. Proposed nonresidential floor area by type of use and total gross square footage. 4. Number and ratio of off-street parking I :\SHRDATA\CA\ORD\MIXEDUSEPODRev 101600. doc 6 Fo spaces and depiction of loading areas. 5. Water bodies in acres and square feet. 6. Height of buildinqs. 7. Land use/traffic trip generation summary. 8. List/description of each waiver request for flexibility of development regulations. 9. The minimum and maximum number of residential units, the minimum and maximum number of total square footage of each component of non-residential uses, and the initial proposed numbers for each component. An enqineers drainaqe statement. A proposed sign pro.qram for free standing signs showinq maximum dimensions, graphic provisions, materials and letterin.q type. 3. Waiver of Standard Zonin.q Regulations Allowed. In conjunction with the approval of the Master Site Plan, or a technical site plan reviewed by the City Commission, the City Commission may waive or modify the standard zoninq regulations for the followinq: Ao Buildinq setbacks. Drive aisle widths and parkin.q dimensions. Perimeter buffer widths. Type and size of dwelling units. Parking space requirements. Internal landscape requirements. J: \SHRDATA\CA\ORD\MIXEDUSEPODRev I 01600. doc 7 G. Other waivers to development regulations, except for heiqht, which requires an enablin.q Ordinance, as approved by the City Commission. The applicant shall justin each waiver request in writinq as part of the Master Site Plan application. The nature of the request, the extent from which it departs from the standard requlation, and the basis for which it is sought shall be documented. Additional documentation acceptable to the City, such as shared parkin.q studies or parkin.q studies justifying a reduction request, may be requested by the city for their use in analyzing the waiver requests. These approved waivers shall apply to individual Technical Site Plans. Master site plans and technical site plans, or amendments to same, which contain waiver requests shall be subject to the public notification requirements applicable to a zoninq code variance. 4. Followin.q approval of the Master Site Plan for a Mixed Use Pod, subsequent modification of such Master Site Plan shall be subject to the review/approval rules as follows. City Commission approval is required for proposed chan.qes which violate the project's previously approved minimum or maximum square foota.qe of non-residential use, increases in heiqht above that which has been approved by the Master Site Plan, increases in the maximum number of residential units as indicated on the Master Site Plan, elimination of principle open spaces and principle pedestrian plazas, chanqes to approved architectural desiqn standards whereby proposed architectural desic~n standards are inconsistent with approved architectural desi.qn standards, or increases in deqree of approved waivers. All other revisions to the Master Site Plan includinq, but not limited to, the relocation of approved square footaqe, conversion of square footaqe from one J: \SHRDATA\CA\ORD\MIXEDUSEPODRev 101600. doc component to another (e..q. commercial to office) and. conversion from one use to another shall follow the technical review committee portion of the site plan review process except where stated herein. 5. Technical Site Plans Review and Modification A. Followin.q approval of a Mixed Use Pod Master Site Plan, subsequent site plan approval of all individual components of the Master Site Plan (Technical Site Plans) shall be submitted to the Development Director or his/her desiqnee. The contents of such submittal shall conform to the site plan requirements set forth in LDR, Chapter 4. The Development Director or his/her desi.qnee shall determine in writin.q within fifteen (15) business days of said submittal, whether the submittal is consistent with the Master Site Plan, and if found inconsistent, shall specify the inconsistency. If determined to be consistent with the Master Site Plan, the final review and approval shall be throuqh the TRC review portion of the Site Plan review process for defermininq compliance with the LDR. A site plan submitted for review which is determined, by the Development Director or his/her designee, to be inconsistent with the Master Site Plan shall be processed in accordance with the standard procedures set forth in LDR, Chapter 4, subject to applicanf'.~ d.qhf to appeal such determination in accordance with provisions set out in para,qraphs 7 and 8 hereafter or to amend and resubmit such site plan for reconsideration by the Development Director or his/her designee. B. Followin.q approval of a Technical Site Plan, subsequent modifications of such Technical Site Plan, which are consistent with the Master Plan, shall be subject to the review/approval rules applicable to minor/major site plan modifications as set forth in LDR, Chapter 4, Sec. 9, subject fo the followinq., If determined to be a major modification it shall J:\SHRDATA\CA\ORD\MIXEDUSEPODRev 101600.doc 9 be processed in accordance with the provisions of 5.A. above. The processinq and approval of any amendment to the Master Site Plan required as a result of the modifications to a Technical Site Plan shall be processed along with, and in the same manner as, the processin.q of the modifications to the Technical Site Plan, unless the provisions of para.qraph 4 above would require City Commission approval. 6. Within ten (10) business days followinq TRC review of a maior modification of the Master Site Plan, the review of a Technical Site Plan, or review of a modification of a Technical Site Plan, the Development Director or his/her designee, shall issue a development order, incorporating the findinq_ s of the TRC, which shall either approve the submittal as submitted, approve the submittal with conditions, or deny the submittal. Once a development order is issued, the five (5) day review period has elapsed, and all conditions have been satisfied, individual buildinqs may be permitted individually. Buildin.qs permitted strictly through the permittin.q process may not exceed the building envelope as shown on the approved Technical Site Plan. 7. The applicant, or any a.q.qrieved or adversely affected party (as that term is defined by and interpreted under F.S. 163.3215) may request review of the development order, or of a determination by the Development Director or his/her designee of inconsistency, or denying a proposed unlisted use, by the City Commission. The request for review shall be in writing and filed with the City Clerk within five (5) business days following issuance of the order. No development order shall be final until expiration of the five (5) day request for review period if no request for review is made, or the City Commission's disposition of the matter if a request for review is made. J: \SHRDATA\CA\ORD'uMIXED US EPODRev 101600. doc 10 8. The City Commission shall conduct a quasi-judicial review at a public hearinq within 30 business days of the filinq of the request for review. Followin.q review, the City Commission shall: A. Approve the Development Order, or B. Modify the Development Order, or C. Deny the Development Order. The decision of the Commission shall be treated as final at the conclusion of the voice vote on the aqenda item under consideration, notwithstandinq later issuance of a written order. The minutes of the Commission meetinq shall be conclusive evidence of the action of the Commission. Review of final action by the Commission shall be by Writ of Certiorari to the Circuit Court. 9. Expiration of Approved Plans. Approved Master Site Plans as described herein shall remain valid indefinitely. Approved Technical Site Plans shall remain valid for a period of two (2) years pursuant to the terms listed in Chapter 4, Section 5. Section 2. Each and every other Section of the Land Development Regulations not hereinbefore specifically amended shall remain in full force and effect as previously enacted. Section 3. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 4. 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 this Ordinance. Section 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective immediately. FIRST READING this ~ day of October__ J:\SHRDATA\CA\ORD\MIXEDUSEPODRev 101600.doc ,2000. 11 SECOND, FINAL READING AND PASSAGE this 17 day of October, 2000. ATTEST: Vice Mayor ~ B~/Z~H, FLORIDA Mayor Pro Tem ,~ioner ~ J: \SHRDATA\CA\ORD\MIXEDUSEPODRev 101600 .doc 12