HomeMy WebLinkAboutOrdinance 1979-023 Creates Planned Unit DevelopmentORDINANCE NO. 23-79
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING
CHAPTER 45 OF THE VILLAGE OF NORTH PALM BEACH CODE, IT BEING THE ZONING CODE
OF THE VILLAGE, BY CREATING PLANNED UNIT DEVELOPMENT ZONING REGULATIONS,
S1;1'lING FORTH A DEFINITION OF PLANNED UNIT DEVELOPMENT, THE PURPOSE AND SCOPE
OF PLANNED UNIT DEVELOPMENT, THE FACTORS AND STANDARDS TO BE EVALUATED IN
CREATING A PLANNED UNIT DEVELOPMENT, THE GENERAL REQUIREMENTS AND SPECIAL
REGULATIONS OF PLANNED UNIT DEVELOPMENTS; SETTING FORTH AN EFFECTIVE DATE AND
PROVIDING A SAVINGS CLAUSE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. Chapter 45 of the Village of North Palm Beach Code is hereby
ai�eended by adding thereto a new section to be numbered Section 45-35.1, which
said section shall read as follows:
"Sec. 45-35.1. PLANNED UNIT DEVELOPMENT ---A. Definition. A planned
unit development shall be defined as a platted development of three (3) acres
or more of land under unified control by the petitioner for residential and
accessory commercial purposed to be developed in a single operation or by a
series of pre -scheduled development phases according to a platted Development
Plan approved by the Village Council.
B. Purpose and Scope. The purpose of this section is to allow flexibility
in the planned use of parcels of land without increasing the existing gross
density restrictions.
Recognizing the innovative possibilities of planned unit development,
this section does not prescribe the specifics and details pertinent to
development but rather the generalities that must be considered by the developer
in his planning, and by the Village Planning Commission and the Village Council
when examining and reviewing the Development Plan.
Projects developed pursuant to this section may depart from the strict
interpretation of other portions of this chapter and certain regulations within
the chapter if after review by the Planning Commission it is found that
developments are in compliance with the comprehensive plan of North Palm Beach
and the development plan will not adversely affect the public interest,
health, safety, morals and general welfare of the residents of North Palm Beach.
The Village Council may then, by ordinance, authorize in any zoning district
the location and development of a Planned Unit Development.
C. Factors and Standards to be Evaluated.
1. Ingress and egress to and throughout the property and the
proposed structures thereon, including such considerations as vehicular
and pedestrian safety, convenience and control.
2. Off-street parking, refuse service, and loading areas, where
required, including consideration of relevant factors in (1) preceding and
the effects of noise, glare or odor on nearby properties.
3. Utilities and drainage.
4. Screening and buffering including type, dimensions and character
between the proposed Planned Unit Development and the uses and structures of
nearby properties.
5. Landscaping.
6. Signs.
7. Lighting.
8. Yards, open spaces and recreation facilities.
9. Height of structure as related to uses and structures on nearby
properties.
10. Density, lot size, and building site coverage.
11. General compatibility and harmony of the use and structures
under the proposed Planned Unit Development with the uses and structures on
nearby properties.
12. Location and restrictions on commercial use.
D. General Requirements and Special Regulations. The following general
requirements and special regulations shall apply to all planned unit developments.
1. All application procedures shall be as required by the Subdivision
Ordinance.
2. Land area covered by the Develop' nt Plan shall be platted con-
currently with final approval of the Development Plan.
3. The fee for filing a Planned Unit Development shall be twenty-five
($25.00) dollars per acre for each acre contained within the boundary of the
Development Plan.
4. The final approved Development Plan shall include the plat drawings
and necessary submittals demonstrating acceptability of all factors and
standards evaluated in Subsection C above.
5. All dwelling unit sizes, parking criteria, and building site
coverage must meet the requirements of the requirements of the zoning code
for each type of proposed use. Maximum building height to be three (3) stories
or 35 feet.
6. All land included for the purpose of development within a
Planned Unit Development shall be owned or under unified control of the
petitioner for such zoning designation, whether that petitioner be an individual,
partnership, corporation, or group of individuals, partnerships or corporations.
The petitioner shall present satisfactory evidence of the unified control of
the entire area within the proposed Planned Unit Development and shall state
agreement that, if he proceeds with the proposed development, he will:
(a) Do so in accordance with the officially approved
Development Plan and such other conditions or modifications as may be attached
to the conditional use.
(b) Provide agreements, covenants, contracts, deed restrictions
or sureties acceptable to the Village Council for completion of the undertaking
in accordance with the adopted Development Plan, as well as the continuing
operation and maintenance of such areas, functions and facilities as are not
provided, operated or maintained at general public expense.
(c) Bind his development successors in title to any commitments
made under (a) and (b) preceding.
7. Any tract of land for which a Planned Unit Development is made
shall contain sufficient width, depth and frontage on a public dedicated
arterial or major street or appropriate access which will accommodate the
proposed use and design.
8. In the event any residential unit built under this section is
destroyed or removed by or for any cause, said unit, if replaced, shall be
replaced with a unit of at least similar size and type; however, not exceeding
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the dimensions of the previous unit. The developer shall include the
appropriate deed restrictions and/or covenants so as to require replacement
as outlined above."
Section 2. If any phrase, clause, sentence, paragraph, section or
subsection of this Ordinance shall be declared unconstitutional by a court
of competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs, sections or subsections
of this Ordinance.
Section 3. This Ordinance shall take effect immediately upon passage.
PLACED ON FIRST READING THIS 27TH DAY OF SEPTEMBER, 1979.
PLACED ON PUBLIC HEARING THIS 25TH DAY OF OCTOBER, 1979.
PLACED ON SECOND, FINAL READING AND PASSED THIS 25TH DAY OF OCTOBER, 1979.
/s/ W. H. BROWN
(VILLAGE SEAL) MAYOR
ATTEST:
/s/ DOLORES R. WALKER
VILLAGE CLERK
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