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O77-09ORDINANCE NO. 77-~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA REPEALING SECTION 7,~ APPENDDf 3% - ZONING REGULATIONS OF THE CODIFIED ORD[NANCES OF SA ID CITY PERTAINING TO '~INDUSTRIA L OFFICE PARK DISTRICT REGU]~ATIONS AND USE PROVISIONS" AND SUBSTITUTING THEREFORE A]~NEW SECTION 7 TO BE DESIG NA TED "PLANNED INDUSTRIAL DEVEL(DPMENT DISTRICT"; PROVIDING FOR SgVINGS CLAUSE, REPEALING PROVISION, A UTI{OR [TY ~O C©DIFY, gN EFFECTIVE DATE AND FOR OTHER PUiRPOSES. WHEREAS, the Planning and Zoning Board of the City Florida, in coordination witk_ the IViunicipat City Plarmer, have revised the pro visions of Section 7 of the Ciby's Zoning Code relative Industrial Office Park District regulation and have determined that it is in the best interest of the City and effective land planning and use procedures that said Section, as it now exists, be repealed and replaced by a new Section 7 providing for Planner Industrial Development District (PID), and based upon said recommendation, the City Council deems it advisable that said recommendation he implemented sund promulgated by the adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF BOYNTON BEACH, FLORDf%: Section 1: That Section 7, Appendix ~ - Zoning Regulations of the City of Boynton Beach, Florida, be and the same is hereby repealed in its entirety; and a new Section 7 - Planned Industrial Development District be substituted therefore in accordance with provisions of reeommendation received from the Municipal Planning and Zoning Board and the Municipal City Planner attached hereto and hereby made a part hereof, which revision is hereby adc Section 2: Separability: Each of the provisions of this ordinance ~re separable, including word, clause, phrase or sentence, and if any portion lhereof shall be declared invalid, the remaining portion shall not be affected but shall remain in full force and effecl. Section 3: Repealing Provision: All ordinances or parts of ordinance., in conflict herewith are hereby ~'epealed. Section 4: ~uthorit~y to Codify: Specific authority is hereby granled codify and incorporate ibis ordinance into lhe City's exisling C~de/-~ ~ Section 5: An Effective Dale: This ordinance shall become effective the manner and al lhe lime provided by law. First reading this ~--~ day of ~Y~ , 1977. Second, f.~l reading and passage, ~his ~day of /~,/ , 197 CITY OF BOYNTON BE~CH, FLORID~ Vice~yor C oun~me tuber ~mber ~TTEST: city Cle~ (Corp. Seal) -2- .... ~SECTION 7 · PLANNED INDUSTRIAL D~VELOPI~ENT DISTRICT INTENT AND PURPOSE A Planned Industrial Development District (PID): is established. The purpose of this d%s~rict is to provide a zoning classif/cation for light industrial, development, that will better satisfy Current demands. for light industrial-zoned /ands'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-hater, al amenities. - .. Regulations for. the PID are environment for industrial development in relation to exisbin9 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, intended to accomplish a more desirable DEFINITION A "planned industrial-development" (~j) Is land Under unified control, planned and develope~ as a whole in a single development operation or an approved programme~eries-of_development-.operations for industrial bui:t6iu~s---and.~--r, etated:use~AandLfa~ii~tles;_ -. ,(b.]--Provid~ fo~-an-'indu~tr~l'~i§%rict 'of-~ffi-c-~ent %nd - haL~.onlx~usz deslgn~sor-arra~g~d-as_%o- crea~an-_-_--~ttract-i~e .-- projeOt5-rea~tf:~n~grateW~_.wit~-=~nd~having=no, adverse.= effect on adjoining or surrounding areas and developments; ., Is developed according to c6mprehensive and detailed plans for streets,.utilities, lots, building sites etc., and site plans, floor plans, and el~vation~ for all build- ings-intended to be.located,-construct~d,-~sed, and related . to one another,'and detailed plans for other uses and im- ~ provements on the land related to ~_he buildings; and (D) Includes a program for full provision, maintenance, and operation of such ~reas, improvements, facilities, and services-for common use by the occupants of the PID, but will not b~ provided, operated, or maintained at public expense. . . MINIMUM LAND AREA FOR PID The minimu~ land area shall be twenty-five for a planned industrial (25) contiguous acres. development (~) UNIFIED CONTROL All land included for purpose of 'development within district shall be under the control of the applicant (an individual, partnership, or corporation or group of individuals, partnerships, or corporations). Th ~a pl~l i~aa~- s h a-~ ~resent--- sa t isfa c t o~y: _-~l. ~ g a~.--d o c~%m e n ts~_~O~--con stitute - PID~ The applicant- ~hAll -agree'to: - ~ l~)~--Proceed- w~th _the~rQ~6~ed-developmen~ccQ~d~g attached %6c%~e zoning of' %he land ~o PID; ~(~]-~Provide agreements, con,acts, de~d_res~ictions,.~d (c) ~l~1~ (.'5) USES PERMITTED In T_he PID, a or altered for any sureties acceptable to the city for completion of the development according to the plans approved at the time of zoning 6~ PID'and for continuing Operations and main%enan~e of.'such areas, functi0hs,' and facilities as are not to be pr0vided,~operated', or maintained at'' pubiic expense;'and. '- Bind their successors in title to a~y commitments made under (a) and (b) above. All agreements and evidence of unified'control Shall be examined by'the city 'attorney and no zoning of land to PIb classification ~hall be adopted without a certiflcationby the city attorney that such agreements and evidence of unified control meet the requirements.of these zoning regulations. building with i~s usual accessories may be erected legitimate business, trade or industrial uses, pro- ~ided that such use is not obnoxious by reason of the emission of odor, ~ust, smoke fumes, gas or noise. And further, that such use is de- ~:~ ermined by. the Plannin~ and .Z°ning Board to be har~,~onious with the ~.ntent of this section and in no way endangers, the public health, safety or. genera] we~far~L_~.i~ucerts~n--~sta~ces~outdoo~_storage_.of materials ~oard that p~oper screening and fencing have been provided, but in no -~n~tance--mayc~u~-~tora~e~e-xceed~5g.--~--~f2e~n~-t~ta~squar~:..f~age--~f-.. the site. ~. .... USES PROHIBITED -~ -(A)~-Residentlal-_uses_.with~the=-~xceptitUl_of_accessory_ hotels or__ motels (5) ¢c) (f) Acid manufacture Cement'and/or lime manufacture or processihg -Lumb~r-yards,.- - - _Asphalt and Gar plants Manufacture or storage of ~xplosives- Packing. plants, canning plants or slaughter yards (H) Petroleu~ storage, refining or transfer Stockyards Renderin~ plants or glue works Pulp · or paper mills - (L)~ Parking of house trailers and use of such trailers as living (P) quarters Chemical plants Fertilizer manufacturing and/or distribution Crematoriums Dyeing plants (Q) Junk and salvage'yards (R) Sanitary landfill operations (S) Smelting and casting operations casting) --(~)%aConcrete- ~ix~ng ' plants '(~)--LOCATION~L ST//qD~fRDS-FOR-PID'S--- (except investment type - In_.re~ching. reconu~_e.ndations=_and-_-decisions as-to- zoning--land--~o - the -planning- and---z onin~boa~d ~.an~-ih~ ..'ifollgwing iocational standards, ~o_the'rezonlng of land generally: (A) Relation ko major transportation facilities. (c) in addition to the standards applicable A PID shall be'so located With.resPect. to major,roadways or other frans- portatio~ facilities as to providW..-, direct, ac6ess to it without creating or generating ~raffic along streets in ~esidential areas or districts outside it. Extensions of City maintained water lines, sewer lines, pumping stations, streets and storm sewers, etc., shall' be Constructed at no expense to ~he City and all such 'con- struction shall be in accordance with ~ity ordinances and specifications. Physical character of the site. The-site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the' tract, from probability of flooding, erosion, or other dangers, annoyances, or i~con- reniences. Condition of the soil, groundwgter level, drainag and topography shall all be appropriate to both kind and pat- tern of.use ~ntended. DESIGN CRITERIA (A~--= Pavinyr[-'At-l.~ -in~r~Orapavin-g!sh~{1--comP~__i~peciflcatlons and- standards_--set---~fO~h ~·~nd_~ubj ect-to.=-4~.be-ap~roval~o ,,[/- the City Enginper. shal~--beUprovided--~for~--each--two-~-2);-emp~oyees--on--a maxlm_um- shift. In addltion~ visitor par.king shall be provided which is deemed adequate to gerve the needs of the particular use .' by the Planning and Zoning Board. Accessways. In the interest of public safety, no more than two '(2) accessways shall be permit~d.-on to'~ny~single per- imeter public right-of-way be limited to no more than and interior accessways shall two '(2) per developable parcel and interior accessways shall be located no closer than one hundred and fifty (150) feet from denterline to-centerllne. ~otel and Motel Density.. Permitted density for hotel and motel development shall no% exceed twenty (20) units per acre. Utility TransmissionLines, etc. All utility transmission l~nes,'conduits, conveyances or other devices Or apparatus for the transmission of utili~y'servlces and products, including all franchised ~tilitle's, shall be constructed and installed beneath the surface of the ground with the exception of main overhead feeder lines. Appurtenances. to these systems which require above ground in- stallation shall be effectively screened, and, thereby, may excepted from this m~quirement.. '."- (F) Solid Waste and Refuse Disposal. Plans for'solid waste and _-~e~-_se~_~pgpa~hallmconf0f-m._~o--and~eLappro~e~by the --a~-q~-Ou~ty health--dep~r~m~nts. - City-- .SanitarySewage'System2 Sewage system-will'-b~ fu~ished .and~i~ta~_%e~=.i~~an~_wi~h_~clty3s~a~ds-_and-o~her per- tin~nt.-cityrordinances~==~ Public Water System for bo~ Domestic Use and Fire Protection. Water systems must be installed in acobrdance with city standards and other pertinent city ordinances. Storm W~ter System. When~'approved positive drainage is not ava%lable,' on site containment of ~to~m~ water ~un-0ff. shall be-provided, b~'the'dev~loper. system shall 'be approved by the City Details of' the on site Engineer. Access to Perform Necessary Public Services.. The developer 9nd/or owner shall dedlca~e to City any easement that ~ity dee neces~,ary for public s~rvices and said dedlcat~on shall pro- vide that developer and/or owner shall hold City harmless for .any of its acts performed'within or abutting said easements if any loss or ~amage is caused ~o abutting property. Off-Street L6ading. In no instance shall off-street loading 'facilitiesfront on a public r%ght-of-way and in no ~vent shall these facilities be located within eyesight of a residential district. Plot Coverage. The gross floor area.of the building and its ~ccessory structures shall not exceed Sixty (60)-percent of the plot bn which'it is constructed. Open Space.- Each plot to b'e develbped shall contain a min- imum_~of ~we.n~y?(20') percent unobstructed~ no~ehicular._op~n - sp_a~_e-r- . : -...:-~:-[. '~ ~ .... - .' '. ' . - All openipor~ibnb~f-ls~ny~otTL~h~llLhave-adequat~ gradingand _- drainage, i and- 7 s~ aq~--~cornh ~ ~uou ~l y~ a ~=nt~ ~ ne~_~ ia Ad~St~: fr~e- ~ondltlon by suitable landscaping wlth'tre~s, shrubs, or plant ed ground cover._- The design of such landscaping and.the the approval of the Planning and Zoning Board and the Community Appearance Board. Maximum Building ~ei~ht.__No building or appurtenances thereof shall exceed fortyufive '(45) feet ~n height. Distance Between Buildings. No'building sb~ll, be con-, structed closer than twenty-five (25) feet to another principal building on the same lot or parcel or~ land. District Setbacks. Front - 30. feet, side ~ 20 feet, rear - 30 fee~. Peripheral Greenbelt. The project areashall be enclosed on all sides wlth~the exception of 9ccessways for traffic and frezght by a landscaped area with a mlnimum wldth of twenty-five (25) feet except when such property abuts a residential distr~ct such'~reenbelt shall have a minimum width of forty (40) feet. It shall be the responsibility of the owner or developer to carry out this requirement', and to provide such maintenance and Zoning or guarantee of maintenance -- subject to Planning Board and Community Appearance Board approval. The-procedur~ ~O~hzonln~--/a~Cto<th~ID.'-~c t as s if~ c atlo~ sh~ ]q---b ~h £ theYs~me=~szfor_ zonln~-lan~generat-l~_Becanse/ofLt~'d~ fferences in .... PID-~e~-l~pmen~--~nd--~he~.oncept~of_iunlfi~c~_con~roq-f~n~d~lopment~--the ~foliowing procedures and requ'.lremen~s Sha-~t-~ppl~ zonin~ to the PID classifi~a-t~d~in addition to the-general requirements. In addition to information required for application for zoning generally, the appllcaht shall submit the following materials or data: ~ 1~ . ~ega% ~ocu3aents..assuring'_unified~control.of .the proposed_ PID and .the agreements required unaer ~ubsection (D). : 2. A master site development plan containing:· The title of the project and the names of the pro- fessional project planner and the developer; Scale, date, north, arrow, ~nd general location map; c. Boundaries of the property involved, all exist~g streets, buildings, water courses, easements~ section -lines', and other existing important physical features in and adjoining the project. Site plan of locations of land uses including-but not limited, to industrial rlgh%s-ofL~ay; greenbelts and proposed e. Master plan showing access and-traffic f~ow; and, 'f. Tabulations of ~otal gross acreage in the development and the percentages thereof ~o be devoted to the variou land uses. 3. - A traffic impact analysis performed by traffic-engineer _ ~l--or==a-6ompetellt~gi~ter~~ pr_ofessional engineer . trained _ fo~. Lhi~--functionr~hmn 'deter~_ined_by~he_.Cityc-Eng~i~_~er and~orCthe-P~anning--and-Eoning Board-to .b~.eces~ary for the~de_~elc~pmen~_of' ~he PID. ' After public hearing, the. plann%ng- and zoning' board may recommend to the governihg body"that the PID-zoning ~e granted, subject to stated 3st~pulation~ and conditions, or disapproved, tn making its recom- mendations, the planning and zoning board shall find that the plans, maps, and documents submitted b~ the applicant and presented at the public hearing do or do not establiSh.that the/applicant requirements .of subsection (I) of these, regulations' applicable to zoning generally, ahd 'in addition: - -' ' (A) The'requirements of unified control and agreement set out in subsection (D); .(~) ' The locational, standards set out in subsection (G); (C) The internal PID standards set out in subsection The'tract for the proposed PID is suitable in terms of its relationships to the city comprehensive plan and that the area surrounding the Proposed PID can continue to be developed in, coordination and substantial compatibility with the PID proposed~ ~ (~ CONDITIONs AND STIPULATIONS · In recommending zoning of land to PID classification, the planning:~ i and zoning board may recommend and the governing body may attach suit- l able conditions, safeguards, and stipulations, in accord with standards. ~set~, out in these zoning regulations and in this section. The co~dltlons, -. t s a feguards ;-' and--st lpula~°n~----so---mad e~%--3ahe_: -time--o f--zoning--to- ~ P ID shall be=~lndlng~upon=%he ~ a pp ~=i~ a n rom approved plans except in the manner here~n set out or failure to icomply- f4lthr~ any- r equlrement~:u~o~nd~i~_i~- on., ._ or~s a f eguard_~sh~fl~.=cO~s~-E~tu-te - 'vi°~-htS~n' '°f~;these----zoning"~egut~tions r~. It -is-:.imtended=-tha~ ~o ~onditio_ns,. safeguards, Or stipulations be required which are not within °th~ standards set out in these zoning regulations and in this section and that conditions, safeguards, and stipulations be clearly related the ends and objectives of=these zoning regulations and this section. ! , '~-~2) TIME LIMIT ' The City Council appr'oval of 'zoning of lands to PID shall he in ~ffect for eighteen (18) months. If the developer' has not commenced ~,.~atting procedures within .this time. period, ~h.e approval of the z~6nlng and master plan shall lapse and 'the zoning on the land shall _~rt to original zoning. At its discretion and for good cause, the 'il may extend for one commencing platting procedures. (1) additional year the period for PLATTING, SITE DEVELOPMENT PLANS AND BUILDING PERMITS ~. Platting. Foll6wlng the zoning of land to PID, plans and engineering drawings shall be submitted to.the city in accordance with procedures established in City Ordinances of the City Code._ The proposed plat shall be in substantial com- pliance wit~ the approved' master development plan submitted as part of the application for zoning to PID. Phasing of the de- velopment of-.t~e.-RID.3shalt--be permit-ted if the proposed plat{s) 1~i ' p~o~vid~_-f. 9~T .rea sgn ab!_~con~e~ eve ~pmen%.~in _--ac~anoe~ with . --t~e=approved~--maste~r~lan~ - %. Bm_Si~e~Dev~l~pmen%~Plans~%-Site_dev~]opmmn~_plans~shall_be sub-- . b~c:the -C-ity- Planner- and-- a. fee- of ~- 0ne.ehundr~d -_~10 O)- dollars -- for_~ach%~parce~ ~of=l~nd ~the---- appli_-cant -proposes-_to ~ develop ~ - These site development plans s~all~include hut not be limite~ ' to the data and materials reguired in Chapter 31-2 (8) of city code. Further~more, these site d~veldpment plans shall 'reflect the design criteria ~ited in,~ectlon (H) above. Permits.. No building R~rmits shall'be issued unless and until platting procedures and the requirements outlined i~ _ Chapters 31-2 and 31-3 of the cit~ code are completed in every respect. (%~) CHANGES IN PLANS-- - Changes in .plans approved, as a part of the zoning to PID_may be permitted by. the planning and zoning board upon application by the developer or his successors in interest; but only a finding that any suc change or changes are in accord ~ith all regulations in effect when the change or changes are requested and the'intent and purpose of the comprehensive plan in effect at the time of the proposed change. Sub- stantial changes other than those indicated shall he processed as for a new application for PID zoning. The deterT~natlon of what constitutes.w~ a substantial change shall be within the sole discretion of the city ' Council. (~5) ZONING ADMINI~TRATOR.u- Bu~ldin~_perm{%~.~-Nd- ~u ~ d i~p e rm~43--or~ c e ~t~-fi~a t~ ~o f_ o c~ upan c¥ or_zoning compliance shall be issued in or for development in a PID district_- except-_-in .-conf0rmitff: =w~th~-all ..t~rov_~slons-o~iLth--e=zo~%'~g~o £PID ~- cl~si'fi'c~ions, and:~lans-~ubmi%t~-~nd ~r--s~-e-tlon _ (M)~f' these" zonin~ - regulations.