1997-01 Adds Gas Station to C-3 Zoninge
ORDINANCE NO
01-97
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SUBSECTION (10) OF SECTION 45-34.1, C-3
REGIONAL BUSINESS DISTRICT, OF ARTICLE III OF APPENDIX C-ZONING OF
THE CODE OF ORDINANCES OF THE VILLAGE FOR THE PURPOSE OF ADDING THE
ADDITIONAL LAND USE OF AUTOMOBILE SERVICE STATIONS WHEN APPROVED IN
RESPONSE TO A SPECIFIC PUD APPLICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
. FLORIDA:
Section 1. Subsection (10) of Section 45-34.1, C-3
Regional Business District, of Article III of Appendix C-Zoning of
the Code of Ordinances of the Village of North Palm Beach is hereby
amended to read as follows:
"(10) Special C-3 Planned Unit Development (PUD)
provisions. Land in a C-3 zoning district may have
fragmented ownership or may adjoin a municipal
boundary. Despite these complications, the Village
of North Palm Beach desires to provide for an
added degree of flexibility in the placement and
interrelationship of the buildings and land uses in
this district. One (1) or more landowners in the
C-3 district may elect to use these special PUD
procedures to seek approval of a site development
plan that resolves ownership or boundary complica-
tions and/or which differs from Lhe literal terms
of these zoning and land development regulations.
These procedures may also be used to seek approval
for certain land uses that are not permitted by
• right in the C-3 district (see Secti~t~ 45-34.1(1)
above) or to request a specific modification to the
• sign regulations. However, any PUD approval under
these procedures must be consistent with the spirit
and intent of the C-3 zoning district and must also
be consistent with the Comprehensive Plan.
a. Allowable changes to existing regulations: No
PUD approval can permit any development that is
inconsistent with the Comprehensive Plan.
Subject to this limitation, changes may be
considered through this process to any other
zoning and land development regulation that the
Village Council finds would unduly constrain
desirable reuse and/or redevelopment of land in
the C-3 zoning district. After any such
changes are made by the Village Council, those
changes shall govern to the extent of conflict
with these regulations.
b. Additional Land uses: The following land uses
are not permitted by right but may be approved
in response to a specific PUD application:
1. Automobile, truck or motorcycle dealers
• (new or used).
2. Cultural, civic, educational, health care
and religious facilities.
3. Nursing or convalescent homes.
4. Offices for non-profit, religious or
governmental activities.
5. Automobile service stations, not involving
automobile repairs or maintenance,
including ancillary uses of convenience
store and car wash.
c. Minimum PUD requirements: There is no minimum
parcel size for PUD applications. However,
most favorable consideration will be given to
applications that encompass the largest
possible land area, and no parcel that is
smaller than its size when this section was
adopted (March, 1995) may be submitted unless
it was properly platted through the provisions
of these land development regulations. All
parcels submitted in a single PUD application
• must be contiguous and must be owned by or
under the unified control of the applicant.
d. Application procedures: PUD applications made
under this section shall be accompanied by the
applicable fee and shall contain the following:
1. Satisfactory evidence of unified control of
the entire area within the proposed PUD;
agreement to abide by the conditions of
approval, if granted; and ability to bind
successors in title to these conditions if
the proposed development is built.
2. A proposed site development plan in
sufficient detail to show the approximate
locations of buildings, parking areas and
stormwater management facilities. This
plan shall also show the exact locations
of all access points to public streets and
to any abutting land zoned C-3, whether in
Lake Park or North Palm Beach.
3. Unless clearly shown directly on the site
• development plan, an explicit list of
zoning and land development regulations for
which changes are sought, and the proposed
alternate standards.
4. A specific list describing any of the
additional land uses listed in Section
45-34.1(10)b. for which the applicant is
requesting approval.
5. Any volunteered limiting conditions that
could provide assurances that the
development as proposed would further the
intent and spirit of the C-3 district and
the Comprehensive Plan.
The site development plan, lists of alternate standards
and additional land uses, and volunteered conditions
should be submitted in a format suitable for attachment
to an ordinance approving the requests.
e. Approval process: PUD applications under this
section shall be forwarded along wit}
recommendations from staff to the planning
commission, which after holding a public
• hearing shall make a formal recommendation of
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• approval, partial approval or disapproval. The
Village Council shall also hold a public
hearing and decide whether to approve,
partially approve, or disapprove the PUD
application. Unless the application is
disapproved in full, this action shall be by
ordinance. The applicant may then proceed to
obtain all other needed development permits in
accordance with the Village's regulations.
f. Applications abutting or crossing a municipal
boundary: Any PUD application for property
abutting or crossing the Lake Park town
boundary shall meet all of the above
requirements. In addition, to protect the
interests of other C-3 landowners and the town,
a decision on the PUD application shall be made
by the Village Council only at a joint meeting
with the Lake Park Town Commission."
Section 2. If any section, paragraph, sentence, clause,
phrase or word of this Ordinance is for any reason held by a Court
• to be unconstitutional, inoperative or void, such holdings shall
not affect the remainder of this Ordinance.
Section 3 All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
Section 4. This Ordinance shall take effect immediately
upon passage.
PLACED ON FIRST READING THIS 12th DAY OF September 1996.
PLACED ON FIRST PUBLIC HEARING THIS 24th DAY OF OCtOber,
1996. ,
PLACED ON SECOND PUBLIC HEARING THIS 9th DAY OF January
1957.
•
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PLACED ON SECOND, FINAL READING AND PASSED THIS 9th DAY OF
January 1997 .
~~~~~~ ~ ~
(VILLAGE SEAL)
• ATTEST:
MAYOR
o ~~
VILLAGE CLERK
•
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