2011-10 Code Amendment - Commercial & Industrial Planned Unit DevelopmentsORDINANCE N0.2011-10
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AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE III, "DISTRICT
REGULATIONS," OF APPENDIX C (CHAPTER 45) OF THE VILLAGE
CODE OF ORDINANCES, "ZONING," BY AMENDING SECTION 45-35.1,
"PLANNED UNIT DEVELOPMENT," TO DECREASE THE MINIMUM SIZE
FOR ALL COMMERCIAL PLANNED UNIT DEVELOPMENTS TO ONE
ACRE, TO CLARIFY THAT THE SUBDIVISION CODE APPLICATION
REQUIREMENTS DO NOT APPLY TO COMMERCIAL PLANNED UNIT
DEVELOPMENTS, AND TO PROVIDE FOR INDUSTRIAL PLANNED UNIT
DEVELOPMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Village Zoning Code currently requires that commercial planned unit
developments be a minimum of two and one-half acres in size, with the exception of those located
within the C-lA zoning district, which are only required to be a minimum of one acre in size; and
WHEREAS, consistent with the findings set forth in the U. S. Highway One Corridor
Study and in an effort to facilitate the development and redevelopment of all commercial parcels,
many of which do not meet the existing two and one-half acre threshold, the Village Administration
is recommending reducing the minimum size for all commercial planned unit developments
within the Village to one acre; and
WHEREAS, because the Village's subdivision regulations are generally inapplicable to
commercial properties, Village Administration is recommending amending the planned unit
development ordinance to require that only residential planned unit developments comply with
the application requirements of the Village's subdivision regulations; and
WHEREAS, consistent with its proposed adoption of land development regulations to
implement the light industrial land use classification, Village Administration is also
recommending amending the planned unit development ordinance to provide for industrial
planned unit developments a minimum of one acre in size; and
WHEREAS, having conducted the required duly advertised public hearings and
considered the recommendation of the Local Planning Agency, the Village Council determines
that the adoption of this Ordinance is in the best interests of the public health, safety and welfare
of the Village and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
• Section 1. The foregoing "whereas" clauses are hereby ratified and incorporated herein.
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Section 2. The Village Council hereby amends Article III "District Regulations," of
Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances, by amending Section 45-35.1
to read as follows (additional language is underlined and deleted language is s~l~~~):
• Sec. 45-35.1. Planned unit development.
I. Statement of intent.
A. The intent of this section is to provide, in the case of a commercial
planned unit development consisting of ~~~~one ~°'~ "." ~r
one 1.0~ or more acres tl~
~a~y~~e~g-e~€-E ~Bis~ie~, in the case of an industrial
planned unit development consisting of one (1.0) or more acres,
and in the case of a residential planned unit development of five
(5) or more acres, an added degree of flexibility in the placement
and interrelationship of the buildings and uses within the planned
unit development, together with the implementation of new design
concepts. At the same time the intensity of land use, density of
population and amounts of light, air, access and required open
space will be maintained for the zoning district in which the
proposed project is to be located. The village council hereby
determines that the regulations pertaining to intensity of land use,
density of population and required open space are the minimum
requirements for the protection and promotion of the public health,
safety and general welfare. Nothing herein should be construed as
allowing deviation for uses other than those specified as permitted
uses, nor any greater intensity of use or density of population nor
any less required open space than that which is specified in the this
chapter for the zoning district in which a proposed project is located.
B. Subject to the foregoing statement of intent, the village council
may, in the case of commercial, industrial and residential planned
unit developments, allow for minor modification of the provisions
of this chapter or other land development regulations in accordance
with the procedure set forth in subsection II, III, IV and V.
II. Filing of application.
A. Any person may file an application with the village council for
minor modifications of the provisions of this chapter. This
application shall contain at least the following:
*~~
• 3. All application procedures for residential planned unit
developments shall be as required by the subdivision
provisions of this Code.
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Section 3. The provisions of this Ordinance shall become and be made a part of the Code of
• the Village of North Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 12th DAY OF MAY, 2011.
PLACED ON SECOND, FINAL READING AND PASSED THIS 26th DAY OF MAY, 2011.
(Village Seal)
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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MA R
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