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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. 2 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. 3 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