09-044
\ I
1 ORDINANCE NO. 09- O~ 4
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 LAND DEVELOPMENT REGULATIONS, CHAPTER 2
6 "ZONING", SECTION SL CHANGING THE INTENT
7 SECTION TO PROMOTE WATER ACCESS AND
8 RECREATIONAL OPPORTUNITIES WITH
9 ACCOMMODA TION OF USES INCLUDING MARINE-
1 ORIENTED AND WATER-DEPENDENT USES, AND
11 ESTABLISHMENT OF DEVELOPMENT REGULATIONS
12 FOR IMPLEMENTATION; PROVIDING FOR
13 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
14 EFFECTIVE DATE.
15
16
17 WHEREAS, the Development Department has made recommendations to amend the
18 Land Development Regulations changing the intent section to promote water access and
19 recreational opportunities with accommodation of uses including marine-oriented and water-
20 dependent uses, and establishment of development regulations for implementation; and
21 WHEREAS, the City Commission has considered those recommendations and finds
22 that those amendments will be an improvement to the IPUD zoning district and corridor, and
23 mechanism to promoting desirable development activity and growth in the City's tax base.
24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26
Section 1.
The foregoing whereas clause is true and correct and is now ratified and
27 confirmed by the City Commission.
28
Section 2.
Sub-sections L of Section 5 of Chapter 2 of the Land Development
29 Regulations is amend as follows:
30 L. INFILL PLANNED UNIT DEVELOPMENT (IPUD). The Infill Planned Unit
31 Development (IPUD) District standards and regulations are created for the purpose of allowing
32 flexibility to accommodate infill and redevelopment on parcels less than five (5) acres in size.
- I -
S \CAIOrdmances\LDR Changes\Ordinance Amending LDR - Chapter 2 - 5L(water dependent uses) doc
II
1 Parcels five or more acres in size shall comply with normal Planned Unit Development
2 regulations found in Chapter 2.5 of the Land Development Regulations.
3
1. Intent and expectations.
4 a. The IPUD regulations are intended to be used in situations where new
5 development or redevelopment is proposed within an already developed area or neighborhood
6 located in the Federal Highway Corridor Community Redevelopment Plan, Study Areas I and
7 V. A mixture of uses including residential, retail commercial and office, may be allowed to the
8 extent that no land use conflicts will result and the basic intent of the Zoning Code and the
9 Comprehensive Plan will be followed. This district is also intended to promote water access
10 and recreational opportunities with accommodations of uses including marine-oriented and
11 water dependent uses in both mixed-use developments and limited single-use projects.
12 b. It is a basic public expectation that landowners requesting the use of the IPUD
13 district will develop design standards that exceed the standards of the basic development
14 standards in terms of site design, building architecture and construction materials, amenities
15 and landscape design. The extent of variance or exception to basic design standards, including
16 but not limited to requirements for parking spaces, parking lot and circulation design, and
17 setbacks, will be dependent on how well the above-stated planning expectations are met in the
18 proposed development plan.
19 c. The IPUD shall minimize adverse impacts on surrounding property. The city is
20 not obligated to automatically approve the level of development intensity requested for the
21 IPUD. Instead, it is expected to approve only such level of intensity that is appropriate for a
22 particular location in terms of land use compatibilities. The city may require, as a condition of
23 approval any limitation condition, or design factor that will provide a reasonable transition to
24 adjacent development.
25 d. In order to be approved, an IPUD project must be compatible with and preserve
26 the character of adjacent residential neighborhoods. Further, it must be an enhancement to the
27 local area and the city in general. Presentation of projects that fail to do so will be denied.
28 e. Each IPUD project is independent and will be evaluated solely on its own merits.
29 The inclusion of certain features in a previously approved IPUD project will not be entertained
3 as a valid argument for the inclusion of that same feature in any other IPUD project if the city
31 decides to reject those features.
32
33 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.
3 b. When the IPUD is to be developed in a single phase, the site plan for the
3 development may also represent the master plan.
- 2-
S:\CA \Ordinances\LDR Changes\Ordinance Amending LDR - Chapter 2 - 5L(water dependent uses) doc
II
1 c. The entire property proposed for development as an IPUD shall be under
2 common ownership or unified control, so as to ensure unified development.
3 3. Development standards.
4 Minimum lot area: 1 acre~
5 Maximum lot area: 5 acres
6 Maximum height: 45 feet (lesser height may be required for compatibility with
7 adjacent development)
8 Maximum lot coverage (building): 50%
9 Maximum density: Determined by land use 10.8 dulac for land classified High Density
10 Residential (HDR) or Local Retail Commercial (LRC); or 20 dulac for lands classified Special
11 High Density Residential
12 Minimum usable open space per dwelling unit: 200 square feet
13 Perimeter setbacks: Shall mirror setbacks of adjacent zoning district(s) but with a minimum
14 of the setback required for a single-family residence, as determined by the orientation of
15 structures in the 1PUD.**
16 * Single marine-oriented and water dependent uses require a minimum lot area of four (4)
17 acres.
18 * * Also see "4.h." below for additional requirements.
19 4. Additional standards.
2 a. Building design elements.
21 (1) Massing. The proportions and relationships of the various architectural
22 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
2 continuity.
(3) Articulation. Well-articulated buildings and architectural interest and variety
to the massing of a building and help break up the 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,
step backs, modulation, projections, roof detailing, and three dimensional details between
surface planes to create shadow line and break up flat surface areas.
3 (4) Overall design. Design of the project shall be tailored to the specific site and
3 shall take into consideration the protection and enhancement of any natural features of or
3 adjacent to the site as an element in the overall design.
- 3 -
S \C A \Ordinances\LOR Changes\Ordinance Amending LOR - Chapter 2 - 5L(water dependent uses).doc
II
b. Screening and buffering.
2 ( 1 ) Appropriate screening and buffering will be required.
3 (2) Such screening must shield neighboring properties from any adverse effects of
4 the proposed development.
5 (3) Screening and buffering must also be used to shield the proposed development
6 from the negative impacts of adjacent uses.
7 (4) Special emphasis should be placed on screening the intrusion of automobile
8 headlights on neighboring properties from parking areas and driveways.
9
c. Pedestrian circulation.
10 (1) Pedestrian circulation should be carefully planned to prevent pedestrian use
11 of vehicular ways and parking spaces.
12
(2) In all cases, pedestrian access shall be provided to public walkways.
13 (3) Pedestrian circulation design shall promote interconnectivitv within and
14 between land uses to discourage unnecessary use of the automobile and reduce vehicle miles
] 5 traveled.
d. Usable open space.
(I) Shall be required for residential development projects and mixed-use
residential projects;
(2) Shall include active or passive recreational space;
(3) Shall not be occupied by streets, drives, parking areas, or structures other
than recreational structures;
( 4) Shall be designed to be available and accessible to every dwelling unit
proposed;
(5) Shall, where feasible, be centrally located in the development; and
(6) Shall not include private courtyards natural areas and water bodies.
e. Trash collection.
( 1 ) Special emphasis shall be placed on trash collection points.
(2) Trash containers or dumpsters 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 conveniently accessible to their users and collectors.
(3) Dumpsters or trash containers shall not be located within setbacks abutting
single-family residential developments.
- 4-
S \CA \Ordinances\LDR Changes\Ordinance Amending LOR - Chapter 2 - 5L(water dependent uses).doc
II
f. Mixed land uses.
2 (1) Within the IPUD district, mixed land uses may be proposed.
3 (2) Commercial uses shall only be allowed for developments fronting on streets
4 classified as "arterial" on the "Functional Classification of Roadways" map in the Boynton
5 Beach Comprehensive Plan.
6 (3) Such development must be found compatible with adjacent uses and
7 established design characteristics.
8 (4) Any commercial uses shall be small-scale retail and services, primarily to
9 serve the residents of the IPUD, and not the public in general, except for uses qualifying under
10 "4.g." below.
11 (5) Any commercial uses must front on the arterial roadway or on an access
12 wholly contained within the project with neither entrance nor exit on or visible from or
13 disruptive to adjacent properties, streets, and rights-of-way.
g. Marine-oriented and water dependent uses.
(1) Within the IPUD district, uses shall be encouraged that increase water access
and recreational opportunities to the community, so as to support a mix of uses, water access
and minimized travel distances.
(2) In addition to adherence to the other development regulations and
compatibility language contained within the entire IPUD section of the code, any marine-
oriented or water dependent use shall also conform with the requirements listed herein.
(3) Principal land uses may include boat and yacht clubs, and private or public
marinas (see Part III, Chapter I, Definitions). However major repairs and boatels, or residing on
boats, shall be prohibited in the IPUD district. Additionally, all sale or minor repair of boats, or
components thereof, shall only occur within a fully enclosed structure. The above noted
principal uses, when combined with residential uses, in which the residential component
occupies 25% or more of the total land area, shall be considered permitted uses, otherwise such
marine uses shall require conditional use approval.
(4) The following uses shall be allowed as accessory to one of the principal
marine uses described above: boat brokerages, ship's stores, tackle shops, maritime museums or
other related educational uses, restaurants, boat ramps, and other launching facilities.
(5) Marine-oriented and water dependent uses shall meet all requirements of
subsection "4.f." above, with the exception of "4.f.(4)".
(6) No outdoor dry storing or stacking of boats or other related items shall be
allowed.
- 5 -
s leA \OrdinanceslLDR Changes\Ordinance Amending LDR - Chapter 2 - 5L(water dependent uses).doc
II
1 i i (7) Wash down and other post-use servicing shall be done within the dry storage
2 building or within an enclosed structure (i.e. three-sided and roofed) designed and oriented to
3 minimize external impacts.
4 (8) Water used for flushing and other cleaning activities shall be properly
5 pretreated prior to discharge into the stormwater system, and conservation measures shall be
6 considered to facilitate reclamation/recycling.
7 (9) No outdoor speakers shall be allowed other than for low volume music that is
8 not audible off-site.
9 (10) In addition to adhering to the City's sound regulations, no equipment,
10 machines, or tools shall be used between the hours of 8:00 a.m. and 6:00 p.m. that generates
11 noise unique to a residential neighborhood.
12
13
(11 )
Additional design regulations for commercial buildings and boat storage
facilities.
14 (a) Architectural integration shall be encouraged through the choice of
15 building materials, architectural style, extensive use of windows, and choice of soft, muted
16 colors.
17 (b) All buildings shall incorporate 3600 architecture, a variety of massing
18 and building heights, and stepping roof lines.
1
(c) The use of standardized "corporate" architectural styles associated with
chain-type businesses is prohibited.
(d) To contribute to physical compatibility and minimize impacts on the
residential fabric of adjacent neighborhoods, projects adjacent to residential zoning districts
shall be designed with residential character, unless a superior, non-residential design can be
demonstrated. Residential designs shall include, but not be limited to, a combination of actual
and faux windows, balconies, porches, awnings and related architectural details. The character
shall either match or compliment established architectural themes in the vicinity.
(e) All building facades shall include a repeating pattern that shall include
no less than three (3) of the following elements: color change, texture change, material module
change, or a change in plane of at least two (2) feet in depth. At least one of these elements
shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet, either
horizontally or vertically, unless a superior design can be demonstrated at greater intervals.
Recesses and projections shall be from finished grade to roofline, and be a minimum of 10 feet
in width.
(D As an alternative to the required fayade offsets noted above, decorative
and substantive roofline changes, when coupled with correspondingly aligned facade material
changes, may substitute.
- 6-
S:\CA \Ordinances\LOR Changes\Ordinance Amending LOR - Chapter 2 - 5L(water dependent uses) doc
II
I (g) A minimum of two different types of building materials shall be used,
2 with a 70 percent-30 percent ratio. A change in stucco or use of windows will not count toward
3 meeting this requirement.
4
5 (h) Articulation in parapet wall shall be required with a minimum of five (5)
6 feet for front and side facades, and any facade oriented towards a street; and, two and one half
7 (2 ~) feet for rear facades.
8
9 (i) Parapet walls shall feature three dimensional cornice treatment, to provide
10 a finished look from any angle. Additionally, a parapet return is required with a length equal to
11 or exceeding the required parapet articulation.
12
13 (j) All customer entrances to the building shall be the focal point of design.
14 Architectural elements shall include some combination of the following improvements:
15 pediments, lintels, columns, pilasters, porches, balconies, railings, balustrades, and ornate
16 moldings.
17
18 (k) On any retail or office building within a marine-oriented or water
19 dependent project, or any portion of a building devoted to such use, windows shall be of
20 pedestrian scale, recessed and vision glass without obstruction.
21
22 (1) On any retail or office building within a marine-oriented or water dependent
23 project, on any facade on which a customer entrance to the building is located, a minimum of
24 1.6 square foot of vision glass is required for each one (1 ) lineal foot of facade.
25
26 (m) On any retail or office building within a marine-oriented or water
27 dependent project, on any other facade facing a public street, a minimum of 0.8 square foot of
28 vision glass is required for each one (1) foot.
2
en) Landscaping above and beyond the regulations cited elsewhere in this
code shall be required for all non-residential buildings in excess of 40,000 square feet, in order
to reduce the perceived scale and massing of such buildings.
(0) The width of the foundation planting areas visible from streets or
residential properties shall be 50 percent of the facade height. The applicant may submit an
alternate planting plan that depicts the required screening/softening of the large building
facades, however in no instance shall the planting area be less than 12 feet in width.
(p) The height of the plant material shall be in relation to the height of the
adjacent facade or wall. Further, the height of 50 percent of the required trees or palms shall be
a minimum of two-thirds (2/3) of the height of the building. One (1) canopy tree or a cluster of
three (3) palm trees shall be installed within the foundation planting area every 20 feet on center
along each fayade visible from streets or residential properties. Canopy and palm trees shall be
distributed along the entire fayade where foundation landscaping areas are required, with
- 7 -
S:\CA\Ordinances\LOR Changes\Ordinance Amending LOR - Chapter 2 - 5L(water dependent uses).doc
II
1 understory plant material arranged in the areas between the low growing shrubs and tree or
2 palm canopies. The applicant may submit an alternate planting plan that depicts the
3 rearrangement of plant material in order not to interfere with required building enhances
4 discussed herein.
5
6 (q) A perimeter landscape barrier shall be required between incompatible uses
7 and/or zoning districts; or where there are differences in density, intensity, or building heights
8 or mass; or for those certain uses requiring additional screening in order to shield outdoor
9 storage or operations. The barrier shall consist of a decorative buffer wall of at least six (6) feet
10 in height, in addition to a variety of densely planted trees, hedges and shrubs. In areas where
11 sufficient width is provided or staff determines additional buffering is warranted, a berm may
12 be required in addition to the above regulations.
]3
14 (r) The applicant shall demonstrate through site design and buffering how
15 sound associated with the non-residential components of the project will be mitigated.
16 h. Compatibility with surrounding development.
17 (I) Compatibility will be judged on how well the proposed development fits
18 within the context of the neighborhood and abutting properties. F or this purpose, elevations
19 and cross-sections showing adjacent structures shall be included with the site plan application.
20 (2) If vegetation, screening or other barriers and/or creative design on the
21 perimeter of an IPUD achieve compatibility with adjacent uses, the city may grant some relief
22 from the following two requirements:
23 a. Any IPUD located adjacent to an existing single-family residential
24 development(s) must locate structures of the same unit type or height allowed by the adjacent
25 zoning district(s), with the exception of a use approved in accordance with subsection "4.g."
above.
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 (I) in height for the
perimeter structures that exceed thirty (30) feet. A structure shall be considered to be on the
perimeter if there is no intervening building between it and the property line.
(3) If an IPUD is located with frontage on the Intercoastal Waterway, conditions
of approval shall include a deed restriction requiring that any 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.
1. Vehicular circulation.
3 (1) Privately owned streets providing secondary vehicular circulation internal to
3 the IPUD may be considered for approval with rights-of-way and pavement widths less than the
3 requirements stated in the city's Land Development Regulations. However, in no case shall
3 health, safety and/or welfare be jeopardized.
- 8 -
SIC A \Ordinances\LOR Changes\Ordinance Amending LOR - Chapter 2 - 5L(water dependent uses) doc
II
.1
I
I
I (2) Roadways providing external connections to the city's street network shall
2 meet all requirements contained in the city's Land Development Regulations.
3 J. Parking. For minimum parking standards and calculations, see Chapter 2, Zoning,
4 Section 11. H. 16.e (10).
5 k. Exterior lighting. Lighting of the exterior, parking areas and watercraft docking
6 facilities of the planned development shall be of the lowest height, intensity and energy use
7 adequate for its purpose, and shall not create conditions of glare that extend onto abutting
8 properties.
9 1. Natural features. The physical attributes of the site shall be respected with
10 particular concern for preservation of natural features, tree growth and open space.
II
12 Section 3. Each and every other provision of the Land Development Regulations
13 not herein specifically amended, shall remain in full force and effect as originally adopted.
14 Section 4. All laws and ordinances applying to the City of Boynton Beach in
15 conflict with any provisions of this ordinance are hereby repealed.
16 Section 5. Should any section or provision of this Ordinance or any portion thereof
17 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
]8 remainder of this Ordinance.
19 Section 6. Authority is hereby given to codify this Ordinance.
20 Section 7. This Ordinance shall become effective immediately.
2]
22 FIRST READING this '1 day of NO~eN\be( , 2009.
- 9 -
S.IC AIOrdinanceslLOR ChangeslOrdinance Amending LOR - Chapter 2 - 5L(water dependent uses).doc
II
ST
SECOND, FINAL READING AND PASSAGE this ~ day of 'Dec:!enI~2009.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24;
25:
26:
!
27'
281
ATTEST:
Yl). !*~
CITY OF BOYNTON BEACH, FLORIDA
~J2#~
ayor~7e ayl ...~ ~
,~~~-<<: '
- 10-
S \CA \Ordinances\LOR Changes\Ordinance Amending LOR - Chapter 2 - 5L(water dependent uses).doc