Ordinance 1987-016 Commercial Planned Unit DevelopmentsORDINANCE NO. 16-87 --
AN ORDINANCE- OF THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, AMENDING THE PLANNED UNIT DEVELOPMENT PROVI-
SIONS OF THE VILLAGE CODE BY PERMITTING COMMERCIAL PLANNED UNIT
DEVELOPMENTS, AS WELL AS RESIDENTIAL PLANNED UNIT DEVELOPMENTS,
AND SETTING FORTH RESTRICTIONS, CONDITIONS AND PROCEDURES
RELATING THERETO.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM
' BEACH, FLORIDA:
&ection 1 - Section 95-35.1 of the Village of North
Palm Beach Code is hereby amended to read as follows:
PLANNED UNIT DEVELOPMENT
SECTION 95-35.1
I. Statement of Intent.
A. The intent of this Sectipn.is to provide, in .the case
of a Commercial Planned Unit Development consisting of
2.5 or more acres and in the case of a Residential
Planned Unit Development of 5 or more acres, an added
degree of flexibility in the placement and inter-
relationship of the buildings and uses within the
Planned Unit Development, together with the implementa-
tion 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. Nothinq herein should be
construed as allowing deviation for uses other than
those specified as permitted uses, nor any greater
density of population nor any less required open space
than that which is specified in this Chapter for the
Zoning District in which a proposed project is to be
located.
B. Subject to the foregoing statement of intent, the
Village Council may in the case of commercial and
residential Planned Unit Developments allow for minor
modifications of the provisions of this Chapter in
accordance with the procedure set forth in Sections II,
III, IV and V.
II. Filing of Application.
A. Any person may file an application with the Village
Council for minor modi.fi.cations of the provisions of
this Chapter. This application shall contain at least
the following:
' 1. All application and review procedures shall comply
with Section 21-12, Changes to Zoning Ordinances
and Section 95-99, Application for Rezoning, of
this Code.
2. A statement listing and fully explaining the speci-
fic modifications of the provisions of this Chapter
95 which are desired, as well as the pur- poses for
which the modifications are intended.'
3. All application procedures shall be as required by
the subdivision provisions of this Code.
4. Compliance with the Village Comprehensive Plan is
required.
5. Land covered by the development plan shall be
platted concurrently with final approval of the
development plan.
' 6. The fee for filing an application for a Planned
Unit Development shall be one hundred dollars
($100.00) per acre for each acre contained within
the boundary of the development plan, plus a
prorated amount of the per acre fee for any portion
of. the development plan which exceeds evenly
divisible acreage.
7. The final approved development plan shall include
the plat drawings and necessary submittals demon-
strating acceptability of all factors and standards
evaluated in subsection IV A.
S. All dwelling unit sizes, parking criteria and
building site coverage must meet the requirements
of the zoning code for each type of proposed use.
9. All land included for the purpose of development
within a Planned Unit Development shall be owned or
under the unified control of the applicant for such
zoning designation, whether the applicant is an
individual, partnership, corporation, trust or
group of individuals, partnerships, trusts or
' corporations. The applicant shall present
satisfactory evidence of the unified control of the
entire area by applicant 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 condi-
tional use.
b. Provide agreements, covenants, contracts, deed
restrictions or sureties acceptable to the Village
Council, both for completion of the undertaking in
accordance with the adopted development plan, and
also for the continuing operation and maintenance
of areas, functions and facilities which the plan
shows are not to be operated or maintained at
general public expense.
c. Bind his development successors in title to any
commitments made under subsections a and b
preceding.
' 10. Any tract of land for which a Planned Unit Develop-
ment 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.
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11. In the event any building or structure built under
this Section is destroyed or removed by or for any
cause, said building or structure, if replaced,
shall be replaced with a building or structure of
similar size and type not exceeding the dimensions
of the original building or structure. The
developer shall include the appropriate deed
restrictions and/or covenants so as to require
replacement as outlined above.
III. Referral to Planning Commission.
The Village Council shall refer each application for a
' Planned Unit Development to the Planning Commission for
study and recommendation.
iV. Action of the Planning Committee.
A. After a study of an application for a Planned Unit
Development and the required public hearing, the
Planning Commission shall make a recommendation to the
Village Council to approve, approve as modified, or
reject the application based upon the following
standards:
The proposed use or uses shall be of such location,
size and character as to be in harmony with the
appropriate and orderly development of the Zoning
District in which situated and shall not be detri-
mental to the orderly development of adjacent
Zoning Districts.
2. The location and size of the proposed use or uses,
the nature and intensity of the principal use and
all accessory uses, the site layout and its rela-
tion to streets giving access to it, shall be such
that traffic to and from the use or uses, and the
' assembly of persons in connection therewith, will
not be hazardous or inconvenient to the neighbor-
hood nor conflict with the normal traffic of the
neighborhood. in applying this standard, the
Commission shall Consider, among other things:
convenient routes for pedestrian traffic, particu-
larly of children; the relationship of the proposed
project to main traffic thoroughfares an8 to street
and road intersections; and, the general character
and intensity of the existing and potential
development of the neighborhood. in addition,
where appropriate, the Commission shall determine
that noise, vibration, odor, light, glare, heat,
electromagnetic or radioactive radiation, or other
external effects, from any source whatsoever which
is connected with the proposed use, will not have a
detrimental effect upon neighboring property or the
neighboring area in general.
3. The location and height of buildings, the location,
nature and height of walls and fences, and the
nature and extent of landscaping of the site shall
be such that they .will not hinder or discourage the
proper development and use of adjacent land and
' buildings nor impair the value thereof.
4. The standards of density and required open space in
the proposed project are at least equal to those
required by this Chapter in the Zoning District in
which the proposed project is to be located.
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5. There shall be rro uses within the proposed project which are not
permitted uses in the Zoning District in which the proposed project
is to be located.
EXCEPTION: A mixed use occupancy may be allowed if the existing
Zoning District usage is Commercial. The mixed usage occupancy
' shall only be residential and mercantile or residential and
business.
B. The Crnmission may recommend such charges or modifications in the
proposed plan as are needed to achieve confornity to the standards as
herein specified. The reasons for the changes or modifications shall
be included in the recommendation.
C. The Commission shall not recommend the project unless it finds that all
of the standards as herein specified have been met. If there are minor
modifications to the provisions of this Chapter, the Commission may
recommend its approval at the same time. It shall also, where it deems
appropriate and necessary, recamyend to the Village Council those
conditions to be in~osed upon the project, its operation, or both, that
are needed to assure adherence to the aforesaid standards.
~~V. Action of the Village Council.
The Village Council, upon the receipt from the Planning Commission of
the report on the Planned Unit Development and the minor modifications
to the provisions of this Chapter may, after the required public
hearing, approve or reject such project and modifications, incoporating
with an approval such oonditions as the Council deems appropriate. The
approval shall be by ordinance.
VI. Effect of Approval of the Village Council.
The approval of the application by the Village Council shall allcx~ the
Building Official to issue a building permit in conformity with the
application as approved. This permit shall specify with particularity
the exact modifications to the provisions of this Chapter which have
been approved. The holder of this permit may then proceed with his
project in conformity with said permit. No deviations fran the
conditions of the permit shall be allowed except those which shall be
in conformity with the basic provisions of this Chapter as they apply
to the Zoning District in which the project is located.
PLACED ON FIRST READING THIS 10 AAY OF SEPTEMBER , 1987.
PLACED ON PUBLIC HEARING THIS 22 DAY OF OCTOBER , 1987.
PLACED ON SECOND, FINAL READING AND PASSED THIS 22 DAY OF OCTOBER ,
1987.
' MAYOR
ATTEST:
~~~a~~ Cr. ~~~~ g
Deputy 1( llage Cle k