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2011-10 Code Amendment - Commercial & Industrial Planned Unit DevelopmentsORDINANCE N0.2011-10 • 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. Page 1 of 3 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. *~* Page 2 of 3 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 • MA R Page 3 of 3