O74-16AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 31 OF THE CODIFIED ORDINANCES OF SAID CITY BY ADDING
SECTION 31~t0.2, PROVIDING FOR RU~S AND REGULATIONS GOVERN-
ING THE SUBMISSION AND APPROVAL OF PLAN/FED UNIT DEVELOPmeNts-
(PUD DISTRICT) OF LAND WITHIN SAID CITY AND SETTING FORTH THE
PROCEDURE TO BE FOLLOWED BY THE PLANNING AND ZONING BOARD AND
CITY COUNCIL IN APPLY~I~G AND AD~INISTERING THESE RULES. REGU-
LATIONS AND.STANDARDs; PROVIDING FOR AUTHORITY TO CODIFY,
FoRSAVINGSoTHER:PuRP6SEs.CLAUSE' REPEALING PROVISIONS, AN EFFECTIVE DATE AND
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORiDa:
Section 1: That Chapter 31 of the Codified Ordinances of
City of Boynton ~Beach, Florida, be and is hereby amended by
Section 31-10~2 which shall read as follows:
"'S~'ct'io'n 3I'-'1U.:2. Pla'n'ned Un'it~eYe'lopments
'TAB;LE OF CONTEh~S
ARTICLE
the
addin
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
X~;I
XVII
INTENT AND PURPOSE - Section 1
DEFINITION - Section ~
NONENCLATURE _ Section S
RELATION OF LAND USE INTENSITY (LUI) RATINGS TO REG-
~~- Section 4
NINI~N LAND AREAS FOR PUD - Section 5
UNIFIED CONTROL - Section 8
USES PERNITTED - Section 7
LOCATIONAL STANDARDS FOR PUD,$ _ Section 8
INTERNAL PUD STANDARDS _ Section 9
PROCEDURES FOR ZONING OF LAN~ TO PUD _ Section 10
PRELININARY AND FINAL DEVELOPNENT PLANS - Section 11
CHANGES IN PLANS - Section 1~
ZONING ADNINISTRATOR _ Section 13
AUTHORITY TO CODIFY - Section 14
SEPARABILITY _ Section 15
REPEALING PROVISIONS _ Section 18
EFFECTIVE DATE - Section 17
~age ]
ARTICLE I
INTENT AND PURPOSE
Section 1
A Planned Unit Development Districz ~PUD) is established.
It is intended that this district be utilized to promote effic-
ient and economical land use, improved amenities, appropriate
and harmonious variety in physical development, creative design,
improved living environment, orderly and economical development
in the City, and the protection of adjacent and existing and
future City development. The district is suitable for develop-
ment, redeveIopment, and conservation of land, water and o~her
resources of the City.
Regulations for Planned Unit Developments are intended to
accomplish the~purposes of zoning, subdivision regulation, and
other appIicabi~ City regulations to the same degree that they
are intende~ ~o control dev~iopment on a lot-by-lot basis. In
view Of the substantial public advantages of planned unit deve]
opment, it is the intent of PUD regulations to promote and en-
co~,rage development in this form where tracts suitable in size
location, and character for the uses and structures proposed are
to be planned and developed as unified and co-ordinated~units.
ARTICLE II
DEFINITION
Sec't:ion '2
A PLANNED UNIT DEVELOPMENT
A. Is land under unified control, planned and developed
a whole in a single development operation or an
approved programmed series of development operations
for. dwelling units and related uses and facilities;
B. Includes principal and accessory uses and structures
substantially reIated to the character of the develop-
ment itself and the surrounding area of which it is a
part;
Is developed according to comprehensive and detailed
plans which include streets, utilities, lots, building
sites and the like, and site plans, floor plans, and
elevations for all buildings intended to be located,
constructed, used, and related to one ~nother, and de-
tailed plans for other uses and improvements on the
land related to the buildings; and
Includes a program for full provision, maintenance, an(
operation of such areas, improvements, facilities, and
unit development, but will not be provided, operated,
or maintained at public expense.
ARTICLE III
NOMENCLATURE
Sec'ti~n'3
The boundaries of land zoned ~o PUD classification shall be
indicated once Official Zoning Map with the symbol "PUD" to-
gether with the Land Use Intensity (LUI) rating assigned at the
time of zoning, which shall be used for such lands.
Page 2
ARTICLE IV
RELATION OF LAND USE INTENSITY
TO REGULATIONS
[~e'cti'on 4
(LUI) RATINGS
The Land Use Intensity (LUI) rating assigned at the time of
zoning land to PUD correlates for the project the required land
area, floor area, open--space, living space, recreation space,
offstre~t parking, and other matters. The various ratios, based
on LUI ratings, shall be as shown on Table 1.
TABLE 1
LUI RATINGS WITH STANDARD RATIOS
(A part of ARTICLE IV)
Minimum Lot area (in acres)-
Residential Uses Only:
Minimum Lot Area (in acres)-
With Commercial Uses:
Maximum percent of total land
area which may be used for
Commercial purposes:
Floor area ratio (FAR):~
Open space ratio (OSR):
LUI LUI LU~I LUI LU[
3.00 4.00 5.00 6.00 7.0~
25 20 15 10 5
100 80 60 40 20
5 5 6 8 10
0.10 0.20 0.40 0.80 1.6
8.00 3.80 1.80 0.80 0.4:
6.20 2.60 1.10 0.50 0o2~
Living Space Ratio (LSR):
Recreation Space
Ratio (RSR): 0.25 0.18 0.12 0.09 0.0~
As indicated and referenced by HUD Publication #7.
Minimum stand~s for multi-family housing has been agreed upon
to be dropped from the PUD proposed ordinance and inserted
therefor and adoption of the minimum standards as set forth in
the Southern Standard Building Code.
App!'fca~ion of above ratios.
FARX lot area = maximum permitted floor area.
Actual floor area X OSR = minimum required open space.
Actual floor area X LSR = minimum required
Actual
living space (not for
auzomobiles),_ part of required open
space.
Floor area X RSR= minimum countable recreation space, part
of required living space.
Floor area as computed from FAR, shall include the floor area of
all permitted principal or accessory uses except areas for park-
ing, storage, elevator hoist equipment or machinery, heating or
air condition$~g equipment, and the like; and requirements deri-
ving from floor areas shall include such floor area.
Page 3
ARTICLE V
MINIMUM LAND AREAS FOR P~iD
Sec:tio'n'5
A track of land proposed for zoning to PUD at a request LUI
rating shall contain minimum acreage in accordance with Table 1
on the ~evious page. Lesser areas than those set out in Table
i may be approved for PUD in a specific ease upon findings by
the Planning and Zoning Board and the governing body that part-
icular circumstances justify such reductien that the require-
ments for PUD and the benefits to be derived from PUD can be met
in such lesser area, and that permitting snch lesser area for
PUD is in conformity with the Comprehensive Plan.
ARTICLE VI
UNIFIED CONTROL
S'ec:t'iOn 6
All land included for purpose of development within PUD
district shall be under the control of the applicant (an indiv-
idual, partnership, or corporation or group of individuals,
partnerships, or corporations). The applicant shall pre~e~t
satisfactory legal documents to constitute evidence of the uni-
fied control of the entire area within the proposed PUD. The
applicant shall agree to:
Be
Proceed with the proposed development according to the
provisions of these zoning regulations and conditions
attached to the~z.oning of the land to PUD;
Provide agreements, contracts, deed restriction~, and
sureties acceptable to the City for completion of the
development according to the plans approved at the
of zoning to PUD and for continuing ~i0erations and
maintenance of such areas, functions, and faciliti
are not to be provided, operated, or maintained at
lic expense; and
Ce
Bind their successors in title to any commitments ~ade
under A and B above. Al/ agreements and evidence of
unified control shall be examined by the City Attorney
and no zoning of land to PUD 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.
ARTICLE VII
USES PERMITTED
SeCtion 7
In
water shall be used only
A.
B.
Co
a PUD District, buildings, or structures or land or
for the ~oll~ng purposes:
Single Family ~wellings;
Two family dwellings or duplexes;
Multiple family dwellings, town houses, garden apart-
ments and cluster housing.
.D. Private, non-profit clubs, community centers, civic
and social organization facilities;
Eo Private parks, tennis courts, playgrounds, putting
Page 4
greens, golf courses, driving ranges and other rec-
reation facilities; -
F. Public utility buildings, structures, and facilities
necessary to service the surrounding neighborhood;
G. Houses of worship, schools, nursing homes, nursery
schools, kindergartens and hospitals;
H. "Neighborhood" commercial uses which are determined
the time of zoning t9 PUD, to be compatible with the
existinglands outsideand futurethe PuD,d?vel°pment°f adjacent and nearby
I. Other uses of a nature similar to those listed, after
determination~and recommendation by the Planning and
Zoning Board, a ~determination by the governing body at
the time of zoning that the use of uses are appropriate
to the PuD development.
J. Permitted uses for a PUD district shall be specified in
the application for zoning of land to PUD classifica-
tion;
K. Prohibited use any structure more than 45 feet in
height and more than four stories.
ARTICLE VIII
LOCATIONAL STANDARDS FOR PuD'S
Sect:i~n 8
In reaching recommendations and decisions as to zoning, land
to PuD classification and the LUI rating of such classification,
the Planning and Zoning Board and the governing body shall apply
the following locational Standards, in addition to the standards
applicable to the rezoning of land generally:
A. Relation to Major Transporation Facilities: A PUD shal
be so located as to major roadways or other transporta-
tion facilities as to provide direct access to it with-
out creating or generating traffic along streets in
residential a~eas~or districts outside it.
B. Relation to Utilities, Public Facilities, and Services
A PUD shall be located in relation to sanitary sewers,
water lines, storm and surface drainage systems, and
other utilities systems and installations so that
neither extension nor enlargement of such systems will
be required in manner, form, character, location, degre,
scale, or timing resulting in higher net public cost or
earliest incursion of public cost than would develop-
ment in forms permitted under existing zoning in the
area~ Such PUD's shall be so located with respect to
necessary public facilities (e.g., schools, parks,
grounds) as to have access to those facilities in the
same degree as under existing zoning, and shall be so
located, designed, and scaled so that access for public
services is equivalent to, and net cost for the service~
unde~ existing zoning.
Page 5
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 inconveniences. Condition of the soil,
ground water level, drainage, and topography shall
be appropriate to both kind and pattern of use inte~de~
ARTICLE IX
INTERNAL PUD STANDARDS
$~ec~t~io'n 9
In addition To the standards set in Table l, Section 4,
Article IV of these zoning regulations, the following standards
apply within a PUD district:
Access. Every dwelling unit, or other use permitted in
the PUD, shall have access to a public street either
directly or via an approved private road, pedestrian
way, court, or other area dedicated to public or privat~
use, or common element guaranteeing access. Permitted
uses shall not be required to front on a dedicated
public road.
Be
Internal Lots and Frontage. Within the boundaries of ~j
the PUD, no minimum lot size or minimum yards shall be
~equired; provided, however, that PUD frontage on ded-
Icated public roads shall observe front yard requirement
in accordance with the zoning district the PUD use most
closely resembles and that peripheral yards abutting
other zoning distEict shall be the same as required in
the abutting zone.
Offstreet Parking and requirements: Offstreet parking
requirements shall in no event be less than two spaces
per dwelling unit.
Other offstreet parking and loading requirements shall
be gOvern'ed by the zoning ordinance.
Comercial Standards. Commercial uses located in a PL~
are intended to s~rve the needs of the PUD and no~ the
general needs of a surrounding area. The maximum area
within a PUD which may be devoted to neighborhood com-
mercial uses, including required offstreet parking re-
quirements, is governed by Table l, Section 4, Article
IV, and Section 9 (C), Article IX. Areas designated
for commercial activities shall not generally front on
exterior or perimeter Streets, and shall be preferably
centrally located within the project.
Underground Utilities. Direct residential and or con~
sumer service should be by ~nderground installation to
the maximum extent practicable. However, primary ser-
vice to a general geographic area may be overhead.
ApPurtenances to these systems which require above
ground installation shall be effectively screened, and,
thereby, may be excepted from this requirement. Prim-
ary facilities providing service to the site of the PUD
may be excepted.
Page 6
II
ARTICLE X
PROCEDURES FOR ZONING OF LAND TO PUD
Sec'tionio~
The procedure for zoning of land to PUD classificat~6n
with a specific LUI rating shall be the same as for Zoning land
generall.p~,~Be~ause of the differences between PUD deve .
and the conce · . lopments
~_¥~ . pt of unified control in development ho . .
Iol±owlng procedures and reeu~B~m~,+ ..... ' Wever~ the
tiers .... ~ snail apply to applica-
for zoning to PUD classification, in addition ~e the gen-
eral requirements:
AppliCations: Materials to be Submitted: In addition
to information required for application for zoning
generallY, the applicant shall submit the following
materials or dat'a:
Legal documents assuring unified control of the
proposed PUD and the agreements required under
Article VI.
2. A statemen~ as to the LUI ratfng sought for the PUl
and such supporting evidence or-~ocumentation as
~the applicant may feel is pertinent to enable the
Planning and Zoning Board and the governing body t¢
determine whether or not the LUI rating requested
is reasonable and proper:
3. A site development plan containing:
(a) The title of the project and the names of the
professional project planner and tha develop-
er;
(b) Scale, date, north arrow, and general locatioK
map;
Boundaries of the property involved, all
existing streets, buildings, water courses,
~asements, section lines, and other existing
thelmportantprojeC.t;physical features in and adgoining
(d) Naster plan locations of the di~erent uses
proposed by dwelling types, open space des-
ignations, recreational facilities, commer-
cial uses, other permitted uses, and off-
street parking and offsrreeE loading location~
(e) Naster plan snowing access and traffic flow
and how vehicui~r traffic will be separated
from pedestrian and other types of traffic;
(f) Tabulations of total gross acreage in the
development and the percentages thereof
proposed to be devoted to the Several dwel-
ling types, other permitted uses, recreation-
al facilities, streets, parks, schools and
other reservations; '
(g) Tabulations demonstrating the relationship of
the development to proposed LUI rating as
shown in Table 1, Article IV, and proposed
numbers and types of dwelling units; and
Page 7
Be
(h~ ~re required by the Area Planning Board an
eEvironmental impact study shall be supplied.
e
A statement showing modifications of zoning or
other applicable City regulations where it is in-
tended by the applicant that such modification
serves the public interest to an equivalent degree°
Procedures. On application for zoning of land to PUD
classification, the Planning and~Zoning Board and gov-
erning body shall probeed in general as for other
applications for zoning of l~and giving special'consid-
eration, however, ~o the fellowing matters and require-
ments, and allowing~changes.in thezoniBg application
prior to the required Planning and Zoning Board public
hearing, as follow§:
Pre-Hearing Conference with ~pplicants. On request
by the applicant, the City Planning Consultant and
representatives of such other .City Departments as
may be pertinent, shall meet With the applicant or
his agent to review the original application, in-
cluding all plans, maps, and documents submitted
by the applicant. The purpose of such pre-hearing
conferences shall be to assist in bringing the
overall petition as nearly as possible into con-
formity with these or other regulations applying
generally To the property involved and/or to define
specifically those variations from application of
general regulations which appear justified in view
of equivalent service of the public purposes of
such regulations.
In the course of such pre-hearing conferences, any
recommendations for changes shall be recorded in
writing and shall become part of the record in the
case. All such recommendations shall be supported
by stated reasons for the proposal for change° The
applicant shall state in writing his agreement to
such recommendations, or his d&sagreement, and if
thence is disagreement, ~shall in writing indicate
his reasons~ .therefor~.~. and such responses by ap-
plicant shail be included in the record.
At such time as further conferences appear unneces-
sary or at any time on the request of applicant,
public notice shall be given and the hearing before
the Planning and Zoning Board held as for other
~pplications for zoning, but the notice and hearing
shall be on the petition as it may ~ve been amende~
following the pre-hearing conferences rather than
as originally submitted.
2°
Planning and Zoning Board Findings and Recommenda~
tions. After public hearing, the Planning and
Zoning Board may recommend to the governing body
that the PUD zoning b~ granted, subject to stated
stipulations and conditions, or disapproved. In
making its recommendation, the Planning and Zoning
Board shall find that the plans, maps, and docu-
ments submitted by the applicant and presented at
the public hearing do or do not establish that the
applicant has met the requirements of Article IV,
of these regulations applicable to zoning gener-
ally, and in addition:
Page 8
(a) The requirements of unified control and
agreement set out in Article VI;
(b) The locational standards set out in Article
VIII;
(C) The internal PUD standards set out in
Article
(e)
The tract for the proposed PUD is suitable in
terms Of its relationshipS, to the City
Comprehensive Plan and that the area surround-
lng the Dropesed pUD cmn continue to be devel-
oped in coordination and substantial compat-
ibility with the PUD proposed, including over-
all dwelling unit density and peripheral
transitions in such density.
That the desirable modifications of general
z~ning or PUD regulations as applied to the
particUlar ease, justify such modification of
regulations and~meet to at least an equivalent
degree the regulations modified, based 0n the
design and amenities incorporated in the site
development plan;
(f) That increased open space i~ prov&ded for the
occupants of the proposed PUD and the general
public, and desir~bl~ natural features indig-
enous to the site are preserved in the devel-
opment plan presented.
Conditions and Stipulations. In recommending zonin
of land to PUD ctassi'fication, the Planning a~d
~ning Board may recommend and the governing body
may attach suitable Conditions, safeguards, and
stipulations, in accord with the standards set ou~
in these zoningmregu~tions and in this section.
The conditions, safe~ards, and stipulations so
made at the time of zoning to PUD shall be ~inding
upon the applicant or his successors in interest.
Deviations from approved plans except in the m~nner
herein set out or failure to comply with any re-
quirement, condition:, or safeguard, shall consti-
tute a Violation of these zoning regulations.
It is intended that no conditions, safeguard, or
stipulatio~be required which is not within ~he
standards set out in these zoning regu&ations and
in this section and that conditions, safeguards,
and stipulations be clearly related to the ends and
objectives of these zoning regulations and this
section.
If the preliminary development plan and final dev-
elopment plan as set out in Article XI below has no
been commenced within eighteen (18) months of the
date of zoning of land to PUD, then the PUD class-
ification and LUI rating shall revert to original
or highest zoning. A new plan approval shall be
required with procedures as for a new application
for zoning (including payment of fees) and no such
new application shall have the effect of increasing
the LUI rating as previously applied.
Page 9
ARTICLE XI
PRELIMINARY AND FI~!~ DEVELOPMENT.i~LANS
Se'otTOn T1
Plans for development of land zoned to PUD shall be pro-
cesse~d in accordance with procedures established in the City
subdivision regulations. The same information and date shall be~
in substantial compliance with the site development plan sub-
mitted as a part of the application for zoning to PUD. Ih addi-I
tion to the requirements of.the City Subdivison Regulations,~I
determined to be applicable, the following information shall be t
provided: [
E~.i:l:d'i'ng loc'a't'ions and architectural definitions of allI
structures proposed which are a part of the project
shall be depicted on the preliminary plan or plat and
the supplementary materials required°
B. Master landscape plan depicting existing and proposed
vegetation and locations thereof on the site.
C. Fen~e~ well~ 'add planting screens locations, heights,
and materials°
De
Tabul~tfons analyzing the number of total gross acres
in the project and the percentages thereof ~roposed to
be devoted to the several dwelling types, other non-
residential ~e~;-~tf~et~pa~k~/~-~J~t~e~.lo~f~:?
ing~ streets, recreation areas, parks, schools, and
other reservations. Tabulations of total number of
dwelling units in the project by types and the overall
project density in dwelling units. These tabulations
shal~ demonstrate relationship to the LUI rating,
Table l, Article IV of these zoning regu~J%tions~
Once preliminary development plan and plat approval has
been obtained the applicant shall proceed in accordance with the
requirements of the Subdivision Regulations, determined to be
applicable. In addition to the plat certificates specified in
the City Subdivision Regulations, and prior to recorEing a
final plat, the developer shall file, as specified at the time ~
of zoning, a legally constituted maintenance association agree-
ment for improving, perpetually operating, and maintai~ing the
common facilities; including streets, drives, parking areas, and
open space and recreation facilities; or he shall file such doc-
uments as are necessary to show how the said common areas are to
be improved, operated, or maintained. Such documents shall be
subject to the approval of the City Attorney.
ARTICLE XII
CHANGES IN PLANS
Section
Changes in plans approved as a part of the zoning to PUD
may be permitted by the Planning and Zoning Board upon appli-
cation by the developer or his successors in interest, but only
a finding that any such change or changes are in accord with 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. Substantial changes other
than those i~ndicated shall be processed as for a new application
for PUD zoning. The determination of what constitutes a sub-
stantial change shall be within the sole discretion of the City
Council.
Page 10
ARTICLE XIII
ZONING ADMINISTRATOR
Section 1.3
Building Permits. No building permit or certificate of
occupancy or zoning compliance shall be issued in or for develop-
ment in a PUD district except'in conformity with all provisions
of the zoning to PUD classifications and plans submitted underr
Article XI of these zoning regulations.
~e'ct'i~n 14
ate
ARTICLE XIV
AUTHORITY TO CODIFY
Specific authority is hereby granted to codify and incorpor-
this Ordinance in the City's existing code°
ARTCC~E XV
SEPARABILITY
Sectionl5
Each of the provisions of this Ordinance is separable, in-
cluding word, clause, phrase or sentence, and if any portion
thereof shall be declared in~.lid, the remaining portion shall
not be affected but shall remain in full force and effect.
ARTICLE XVI
REPEALING PROV!SI~S
Section' 1~6
All Ordinances or parts of Ordinances in
are hereby repealed.
conflict herewith
ARTICLE XVII
EFFECTIVE DATE
S'ectfon 17
This Ordinance shall become effective in
the time provided by law.
the manner and at
Page 11
First reading this ~'~ day of July, 1974.
Second, final reading and passage this ~
1974. ...
day of
CITY OF BOYNTON BEACH, FLORIDA
TTEST.
Mayor
Vice Ma~or
Counc~an'~
C9%~r~ci lman
City Clerk
Councilman
Page 12