Ordinance 06-2013 ZoningORDINANCE NO. 6 -2013
An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County Florida,
Amending Chapter 134, Zoning, At Section 134 -476 By Creating Purpose Language For An
Optional PUD -5, Historic Preservation Mixed Use Development, With A Contributing Building
Report And PUD -5 Design Guidelines Adopted By Reference For The Five Palm Beach Acres In
the C -TS Zoning District Between Royal Poinciana Way And Sunset Avenue And Bradley Place
And North County Road And By Prohibiting The Use Of The PUD -5 Regulations For Five Years
If A Contributing Building Is Voluntarily Demolished; Section 134 -477 By Creating A Review
Process For The PUD -5 And Prohibiting Variances From Certain Lot, Yard And Bulk
Regulations; Subdivision I1, Sections 134 -531, 134 -532, 134 -533 And 134 -534 By Adding
Submittal Requirements For A PUD -5 By Creating A New Approval Process For PUDs And
Amendments To PUDs By Eliminating The Tentative And Final Approval Process And Replacing
With A Streamlined Approval Process And By Creating A New Completion Deadline for PUDs;
By Eliminating Subdivision I1I, Sections 134 -561 And 134 -562 Related To The Tentative And
Final PUD Approval Process; By Renumbering 134 -563 To 134 -561 Adding PUD Amendments
And Eliminating Property Owner Consent To Amend PUDs; By Renumbering 134 -564 To 134-
562, Adding PUD Amendment Language, Eliminating The Existing Time Frame Requirement
For Commencement And Providing For New Commencement Language In The PUD Resolution;
Section 134 -651 By Creating PUD -5 As A Special Exception And Site Plan Review; Section 134-
652 By Adding The PUD -5 And Identifying The Area Where A PUD -5 May Be Applied; Section
134 -653 By Adding A Maximum PUD -5 Lot Size And Providing A Provision Which Prohibits A
Variance From The Maximum Lot Size; Section 134 -654 By Creating A Density for the PUD -5 Of
Ten Dwelling Units Per Palm Beach Acre With A Maximum Of Thirteen Dwelling Units Per
Palm Beach Acre In Lieu Of The Maximum Six Dwelling Units Per Acre Allowed In the
Underlying C -TS Zoning District; Section 134 -656 By Providing Permitted And Special Exception
Uses In The PUD -5 And Creating Separation Requirements Between Residential And
Commercial Uses; Section 134 -657 By Creating A Minimum Public Open Space Requirement In
The PUD -5 With A Provision Prohibiting A Variance From that Requirement; Section 134 -687
By Providing Requirements That A PUD -5 Preserve The Main Street Character, Size And Bulk
Which Currently Exists In The Five Palm Beach Acres; Section 134 -688 By Providing Qualifying
Language For The PUD -5 And Further Incorporating By Reference The Contributing Building
Report And PUD -5 Design Guidelines; Section 134 -689 By Eliminating The Requirement For
Street Trees And Adding Language Which Requires Trees Bordering Projects Whenever
Possible; Section 134 -690 By Adding Language That A PUW5 Is Required To Have Curb Cuts
And Vehicular Access From Only Sunset Avenue; Section 134 -691 By Providing A PUD -5 Off -
street Parking Exception For Replacement Of Existing Commercial Square Footage Or Intensity
Of Use, New Ground Floor Retail Use, Or Retail Use Which Replaces Ground Level Off - street
Parking And Curb Cuts Fronting Royal Poinciana Way; Section 134 -692 By Adding Language
That Prohibits Variances For Lot Coverage, Height, Overall Height and Public Open Space and
Providing New Regulations Creating A PUD -5 Density Of Ten to Thirteen Dwelling Units Per
Palm Beach Acre In Lieu Of The Six Dwelling Units Per Acre Currently Allowed In The C -TS
Zoning District, Provided Certain Conditions Being Met, By Creating Maximum Heights and
Overall Heights, Including A Provision For Three Stories Where Only Two Stories Is Currently
Allowed, By Adding First Floor And Second Floor Lot Coverage Of Seventy Percent And A
Third Story Lot Coverage Of Thirty -five Percent; By Creating Setbacks Based On PUD
Ordinance No. 6 -2013 Page 1 of 17
Approval, By Eliminating Required Setbacks And Determining Setbacks During The Approval
Process And By Creating A Minimum Thirty Percent Public Open Space Requirement; Section
134 -693 By Creating Said Section And Providing A Five Year Sunset Provision Unless The Town
Council Approves An Extension; Section 134 -1109 Creating The PUD -5 As A Special Exception
Use Within The Defined Five Palm Beach Acres In The C -TS Zoning District; By Adopting By
Reference The Attached Palm Beach PUD -5 Design Guidelines And The Contributing Building
Report: The Historic Character Of Royal Poinciana Way; Providing For Severability; Providing
For Repeal Of Ordinances In Conflict; Providing For Codification; Providing For An Effective
Date.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM
BEACH COUNTY, FLORIDA, AS FOLLOWS:
WHEREAS, the Town has determined that the five Palm Beach Acres located between Royal
Poinciana Way and Sunset Avenue and Bradley Place and North County Road is an important gateway
into the Town;
WHEREAS, the Town believes that the PUD -5 would be a tool to encourage preservation of
the existing character of that area during redevelopment;
WHEREAS, after public hearing pursuant to notice required by law, the Local Planning
Agency considered all testimony and recommended that the Town Council adopt the subject
Ordinance; and,
Whereas, after public hearing pursuant to notice as required by law, the Town Council does
hereby find, determine, and declare that the public health, safety, morals and general welfare of the
citizens of the Town of Palm Beach require that the aforesaid Chapter 134, Zoning, of the Code of
Ordinances, be amended as hereinafter set forth.
Section 1. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
Section 134 -476, Purpose, to read as follows:
Sec. 134 -476. Purpose.
(a) The purpose of planned unit development regulations is to:
(1) Encourage flexibility in the design and development of land in order to promote its most
appropriate use;
(2) Facilitate the adequate and economical provision of streets, utilities and public spaces;
and
(3) Preserve the natural and scenic qualities of open area and preservation;
All in accordance with the terms and provisions as set forth herein.
(b) The procedure is intended to permit diversification in the location of structures and improve
circulation facilities and other site qualities while ensuring adequate standards relating to public health,
safety and welfare and morals both in the use and occupancy of buildings and facilities in planned
groups.
Ordinance No. 6 -2013 Page 2 of 17
(c) In addition to subsections (a) and (b) of this section, PUD -4 historical preservation- residential
development is intended to preserve structures and premises of significant historical or architectural
value to the town by allowing for low- density residential development at a density calculated on the
area of the entire property, excluding the area of property required by the town to be assigned to the
historical structure. Structures and/or premises listed in the national record or in any historical report
recognized by the town council may be considered significant for the purposes of this article. In
addition, the town council may declare any other structure and /or premises to be of historical or
architectural significance.
(d) In addition to subsection (a), (b) and (c) of this section, PUD -5 historical preservation mixed use
development or redevelopment is intended to (i) incentivize property owners in this area with greater
density and fewer parking requirements for commercial and retail uses than C -TS zoning in return for
preservation of buildings, structures, vias and/or facades for buildings that contribute to the historical
size, scale, feel and character of Royal Poinciana Way, as a major gateway into the town and our
historic "Main Street "; and (ii) further incentivize new development or redevelopment of
noncontributing buildings in accordance with the PUD -5 Design Guidelines and Contributing
Buildings Report, which are adopted by reference and consistent with the existing character,
architecture, scale, massing and placement of those buildings that have been designated as
Contributing. "Contributing" means those buildings, vias and structures identified in various categories
in the Contributing Building Report, adopted by reference, which have been determined to be
representative of the Town's historic Main Street in terms of the architecture, character, size, height
and bulk in the five Palm Beach acres between Royal Poinciana Way and Sunset Avenue and Bradley
Place and North County Road. The PUD -5 development is a commercial mixed -use district wherein
the residential component is secondary or accessory to the primary commercial uses for retail, office
and entertainment. Maintaining the predominantly commercial character of the street and minimizing
potential conflicts between commercial and residential uses shall be a consideration used in
determining scale, height, placement, bulk and cubic footage of new or redeveloped residential units.
Design of structures or buildings in a PUD -5 application shall be consistent with the character of
Contributing buildings in this area, the PUD -5 requirements and the PUD -5 Design Guidelines or said
application shall be denied. The Bradley House Hotel, a landmark and Contributing building in this
area, shall only be considered as an appropriate example of architecture and design and not used in
determining bulk and height in future development or redevelopment.
(e) Specific design standards that are required to be met when applying for the PUD -5 are in the
PUD -5 Design Guidelines, the Contributing Building Report, which are both adopted by reference, and
the provisions in Sec. 54 -122 through Sec. 54- 125(b), Sec. 134 -226 through Sec. 134 -229, and Sec.
134 -326 through Sec 134 -330 of the Code of Ordinances. These standards and regulations ensure that
development/redevelopment using the PUD -5 regulations is consistent with the existing character,
architecture, scale and massing of those buildings that have been designated as Contributing in this
area. Properties where Contributing buildings are voluntarily demolished shall not be eligible to apply
for the PUD -5 regulations for a period of five years subsequent to demolition.
Ordinance No. 6 -2013 Page 3 of 17
Section 2. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
Section 134 -477, District regulations, to read as follows:
Sec. 134 -477. District regulations.
With the exception of the PUD -5, the requirements and regulations for a PUD district are contained
in division 14 of article VI of this chapter. The use, lot, yard and bulk requirements for the PUD -5 are
contained in Sec. 134 -651 through 134 -692.
Sec. 134 -478. Town council approval for permitted use and special exception use; review by planning
and zoning commission; hearing; site plan review of application.
(a) A planned unit development, when a permitted use, shall be subject to the approval of the town
council after a review and report by the planning and zoning commission and after a public hearing is
held by the town council in accordance with law.
(b) A planned unit development, when a special exception use, shall be subject to the approval of the
town council after a review and report by the planning and zoning commission and after a public
hearing is held by the town council in accordance with law. The review by the planning and zoning
commission shall be to make findings pursuant to sections 134 -227 through 134 -233 and other
applicable sections of this chapter and to make recommendations thereon.
(c) Every application for approval of a planned unit development shall require concurrent site plan
review in accordance with article III of this chapter.
(d) Every building and/or structure in the PUD -5 shall require Landmark Preservation Commission
approval. In addition, if variances are being requested from the zoning code, the Director of the
Planning, Zoning and Building Department may require the applicant to obtain a recommendation
from Landmark Preservation Commission for the benefit of the Planning and Zoning Commission and
Town Council. Variances as to lot coverage, height, overall height and public open space are
prohibited.
Section I Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
Subdivision II and Section 134 -531, Application, to read as follows:
Subdivision II. Approval Process.
Sec. 134 -531. Application.
In order to provide an expeditious method for processing a plan for a planned unit development,
under the terms of this chapter, it is declared to be in the public interest that all procedures with respect
to the approval or disapproval of a plan for a planned unit development or an amendment thereto, and
the continuing administration thereof, shall be consistent with the following:
(1) An application for approval of the plan for a planned unit development or an amendment
thereto shall be filed by or on behalf of the landowner with the Planning, Zoning and Building Director
or designee.
Ordinance No. 6 -2013 Page 4 of 17
(2) The following information shall be submitted with the application:
a. The location and size of the site and the nature of the landowner's interest in the land
proposed to be developed.
b. The density of land use to be allocated to parts of the site to be developed.
c. The location and size of any common open space and the form or organization proposed to
own and maintain any common open space.
d. The use and the approximate height, bulk and location of buildings and other structures.
e. The feasibility of proposals for the disposition of sanitary waste and storm water.
£ The substance of covenants, grants of easements or other restrictions proposed to be
imposed upon the use of the land, buildings and structures including proposed easements or
grants for public utilities.
g. The provisions for parking of vehicles and the location and width of proposed streets and
public ways.
h. For plans that call for development over a period of years, a schedule showing the
proposed times within which application for final approval of all sections of the planned unit
development are intended to be filed.
i. For PUD -4 and PUD -5, a complete description of the historical and/or architecturally
significant structures and /or premises and provisions for their preservation. The portion of the
property to be devoted to preservation shall be delineated.
j. For PUD -5, a complete description of the Contributing buildings and/or premises and
provisions for their preservation. If applicable, the portion of the property to be devoted to
preservation shall be delineated.
k. For PUD -5, a site elevation plan shall be submitted of the proposed development or
redevelopment, including a streetscape of the proposed development or redevelopment and
surrounding buildings together with an appropriately scaled model.
1. For PUD -5 development or redevelopment that has a condominium component, the applicant
shall submit commercial and/or residential condominium documents for review.
m. PUD development shall meet all of the requirements for special exception in Secs. 134 -226
through 134 -231 and site plan review in Secs. 134 -326 through 134 -330.
(3) The application for approval of a planned unit development or an amendment thereto shall
include a written statement by the landowner or any other entity having a cognizable interest in the
land, setting forth the reasons why a planned unit development or an amendment thereto would be in
the public interest and would be consistent with the town's statement of purposes on planned unit
development.
(Ord. No. 2 -74, § 7.31, 3- 26 -74; Ord. No. 5 -78, § 13, 3- 31 -78)
Ordinance No. 6 -2013 Page 5 of 17
Section 4. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
Section 134 -531, Public hearings, to read as follows:
Sec. 134 -532. Public hearings.
(a) Upon submission of a complete planned unit development or amendment application, the
planning and zoning commission, and the landmark preservation commission in those cases involving
the PUD -5 shall hear said application within 60 days of the application being deemed complete by the
director of the planning, zoning and building department or designee. A public hearing on the planned
unit development or amendment application shall then be held by the town council after public notice
is given in accordance with law.
(b) The planning and zoning commission and the landmark preservation commission in those cases
involving the PUD -5 shall make recommendations on the proposed planned unit development, or
amendment thereto, not less than 15 days before the public hearing by the Town Council, and the
report shall be available for public inspection during reasonable hours.
(Ord. No. 2 -74, § 7.32, 3- 26 -74; Ord. No. 2 -83, § 6, 2- 23 -83; Ord. No. 1 -04, §§ 38, 43, 3 -9 -04; Ord.
No. 5 -09, § 26, 4- 15 -09)
Section 5. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
Section 134 -531, Grant or denial, to read as follows:
Sec. 134 -533. Grant or denial.
(a) The town council shall, within 60 days following the conclusion of the public hearing at which a
planned unit development or amendment thereto has been approved by written resolution either
(i) grant approval of the plan as submitted, or (ii) grant approval subject to specified conditions
not included in the plan as submitted.
(b) If a planned unit development or an amendment thereto is denied, the determination as to denial
shall be rendered in writing within thirty (30) days of the denial.
(c) If approval is granted, the town council shall, as part of its resolution, specify the conditions of
approval, drawings, specifications and form of performance bond, if any, that shall be required.
(d) If a plan is granted approval, with or without conditions, the town council shall set forth in the
written resolution the time within which the approved plan is required to be commenced or, for an
approved plan that provides for development over a period of years, the periods of time within which
phases of the approved plan have to be commenced. For the purposes of this Section, commencement
shall be the issuance of a building permit. All authorized work under the building permit for said
approved plan must be completed within the construction schedule contained in section 105.4.1.6 of
the Florida Building Code as amended in section 18 -242 of this Code or some alternative period
approved by Council or said approval shall expire.
(Ord. No. 2 -74, § 7.33, 3- 26 -74; Ord. No. 5 -78, § 13, 3- 31 -78)
Ordinance No. 6 -2013 Page 6 of 17
Section 6. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
Subdivision III, Final Approval, Section 134 -534, Status of plan after tentative approval, to read as
follows:
Sec. 134 -534. Status of plan after approval.
(a) Within five working days after the adoption of the written resolution provided for in section 134-
533, it shall be certified by the town clerk and shall be filed in the clerk's office, and a certified
copy shall be mailed to the landowner. Where approval has been granted, the approval shall be
noted on the zoning map maintained in the office of the town clerk.
(b) Approval of a plan shall not qualify a plat of the planned unit development for recording or
authorize development or issuance of any building permits. A plan which has been approved by
the Town Council may only be modified by PUD approval as outlined in the process identified in
this Article.
Secs. 134 -535 -- 134 -560. Reserved.
Section 7. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
Subdivision III, Final Approval, Section 134 -561, Application, by eliminating said section.
Section 8. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
Section 134 -562, Refusal to grant for variations in tentative approved plan, by eliminating said section.
Section 9. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
Section 134 -563, Certification; filing of record plat, by renumbering 134 -563 to 134-561 and to read as
follows:
Sec. 134 -561. Certification; filing of record plat; modification before completion of development.
A plan for a planned unit development or any part thereof, or an amendment thereto, that has been
given approval by the town council shall be so certified without delay by the town clerk, and a record
plat, if required, shall be filed on record forthwith in the office of the county clerk in accordance with
F.S. ch. 177 before any development shall take place in accordance therewith. Upon the filing on
record of the plan, all other ordinances and subdivision regulations otherwise applicable to the land
included in the plan shall cease to apply thereto.
Section 10. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
Section 134 -564, Abandonment; termination, by renumbering from 134 -564 to 134 -562 and to read as
follows:
Sec. 134 -562. Abandonment; termination.
If a plan for a planned unit development or portion thereof, or an amendment thereto, is given approval
and thereafter the landowner abandons the plan or a portion thereof that has been approved or if the
landowner fails to commence the planned unit development within the timeframe identified in the
planned unit development resolution, such approval shall terminate and be deemed null and void
unless such time period is extended by the town upon written request of the landowner.
Ordinance No. 6 -2013 Page 7 of 17
Secs. 134 - 563 - -134 -590. Reserved.
Section 11. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
Section 134 -651, Establishment of special exception planned unit developments, to read as follows:
Sec. 134 -651. Establishment of special exception planned unit developments.
The following special exception planned unit development districts
are established and shall be subject to all applicable requirements of
this article and of the district in which they are located In addition, the
following planned unit developments shall be required to meet all of
Single - family
the requirements as set forth for special exception in Secs. 134 -226
development
through 134 -229 and site plan review in Sec. 134 -326 through Sec 134 -
330.PUD -1
PUD -2
Residential mix
development
PUD -3
Mixed use
development
Historical
PUD -4
preservation
residential
development
Historical
PUD -5
preservation mixed
use development
Section 12. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE, Section 134-
652, Districts where permitted, to read as follows:
Sec. 134 -652. Districts where permitted.
Planned unit developments as established by this article may be permitted as special exceptions only
in specifically designated districts as follows:
(1) PUD -1, single-family development. Permitted only in portions of R -B districts which are in close
proximity to intensive developments in an R -C, R -D(1) or R -D(2) district.
(2) PUD -2, residential mix development. Permitted only in R -C, R -D(1) and R -D(2) districts.
(3) PUD -3, mixed use development. Permitted only in R -C, R -D(1) and R -D(2) districts.
(4) PUD -4, historical preservation residential development. Permitted only in R -AA, R -A and R -B
districts.
Ordinance No. 6 -2013 Page 8 of 17
(5) PUD -5, historical preservation mixed use development. Permitted only in that portion of the C -TS
district in the five Palm Beach acres bounded between Royal Poinciana Way and Sunset Avenue, and
Bradley Place and North County Road.
Section 13. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
Section 134 -653, Minimum area requirements, to read as follows:
Sec. 134 -653. Minimum area requirements.
Minimum area requirements for special exception planned unit developments are as follows:
(1) PUD -1, single-family development. One contiguous acre undivided by any public right -of-
way or easement.
(2) PUD -2, residential mix development. Ten contiguous acres undivided by any public right -
of -way or easement.
(3) PUD -3, mixed use district. Twenty contiguous acres undivided by any public right -of -way
or easement.
(4) PUD -4, historical preservation residential development. One or more contiguous acres
undivided by any public right -of -way or easement.
�5) PUD -5, historical preservation mixed use development. No minimum size requirement,
however the maximum lot size shall be 1.5 Palm Beach acres. No variance shall be allowed
which increases the maximum size of a PUD -5 lot. _
Section 14. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
Section 134 -654, Residential density, to read as follows:
Sec. 134 -654. Residential density.
Residential densities in special exception planned unit developments permitted under this article
shall be as follows:
PUD
District
Use
District
Maximum Density Permitted under PUD* (units per acre)
PUD -1
R -B
4
PUD -2
R -C
6 **
R -D(1)
13 **
PUD -3
R -C
6 **
R -D(1)
13 **
R -D(2)
13**
PUD -4
R -AA
2/3**
R -A
2 **
Ordinance No. 6 -2013 Page 9 of 17
* See section 134 -656 for conversion of nonresidential uses to equivalent dwelling unit amounts for
the purpose of calculating gross density.
* * See section 134 -655 for special provisions covering densities in those portions of the planned unit
development site adjoining lower density residential districts.
* * *Only that part of the C -TS zoning district bounded between Bradley Place and North County Road
and Royal Poinciana Way and Sunset Avenue.
Section 15. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
Section 134 -656, Permitted land use, to read as follows:
Sec. 134 -656. Permitted land use.
The uses permitted in planned unit developments shall be as follows:
(1) PUD -1.
a. Any use permitted in the R -AA large estate residential district, R -A estate residential
district or R -B low density residential district; provided, however, that such uses are
grouped in cluster development in accordance with division 5 of this article.
b. Townhouses, subject to applicable requirements in subdivision II of division 10 of
article VIII of this chapter.
(2) PUD -2.
a. Any use permitted in the R -C medium density residential district.
b. Newsstands, dining rooms and personal service uses for the convenience of residents shall be
permitted in such district; provided, however, that no exterior or external advertising of such
facilities shall be permitted nor shall the gross floor area devoted to such uses exceed ten
percent of the gross ground floor area of buildings included within the planned unit
development.
(3) PUD -3.
a. Any use permitted in the R -D(1) moderate density residential district.
b. In PUD -3 developments containing 100 or more residential dwelling units, commercial
uses permitted in the C -TS, C -WA, C -OPI or C -PC commercial district may be permitted;
provided, however, that any commercial development in the planned unit development shall
front on a major thoroughfare and further provided that such commercial development,
including its required parking area, shall not occupy more than 20 percent of the gross floor
area of the planned unit development. For the purpose of calculating gross density, as set forth
in section 134 -620, the following land use measurements shall be equivalent to a dwelling unit
as defined:
Ordinance No. 6 -2013 Page 10 of 17
R -B
4 **
PUD -5
C -TS* * *
10 with the ability to reach 13 if all required off - street parking is in a
sub - basement or there is a 50 percent reduction in existing density.
* See section 134 -656 for conversion of nonresidential uses to equivalent dwelling unit amounts for
the purpose of calculating gross density.
* * See section 134 -655 for special provisions covering densities in those portions of the planned unit
development site adjoining lower density residential districts.
* * *Only that part of the C -TS zoning district bounded between Bradley Place and North County Road
and Royal Poinciana Way and Sunset Avenue.
Section 15. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
Section 134 -656, Permitted land use, to read as follows:
Sec. 134 -656. Permitted land use.
The uses permitted in planned unit developments shall be as follows:
(1) PUD -1.
a. Any use permitted in the R -AA large estate residential district, R -A estate residential
district or R -B low density residential district; provided, however, that such uses are
grouped in cluster development in accordance with division 5 of this article.
b. Townhouses, subject to applicable requirements in subdivision II of division 10 of
article VIII of this chapter.
(2) PUD -2.
a. Any use permitted in the R -C medium density residential district.
b. Newsstands, dining rooms and personal service uses for the convenience of residents shall be
permitted in such district; provided, however, that no exterior or external advertising of such
facilities shall be permitted nor shall the gross floor area devoted to such uses exceed ten
percent of the gross ground floor area of buildings included within the planned unit
development.
(3) PUD -3.
a. Any use permitted in the R -D(1) moderate density residential district.
b. In PUD -3 developments containing 100 or more residential dwelling units, commercial
uses permitted in the C -TS, C -WA, C -OPI or C -PC commercial district may be permitted;
provided, however, that any commercial development in the planned unit development shall
front on a major thoroughfare and further provided that such commercial development,
including its required parking area, shall not occupy more than 20 percent of the gross floor
area of the planned unit development. For the purpose of calculating gross density, as set forth
in section 134 -620, the following land use measurements shall be equivalent to a dwelling unit
as defined:
Ordinance No. 6 -2013 Page 10 of 17
Land Use Type
Unit of
Equivalence to One Dwelling
Measurement
Unit of Gross Density
Hotels, motels or similar places of
Number of
Two bedrooms
transient occupation
bedrooms
Principal commercial uses
Total floor area
750 square feet
Accessory commercial uses
Total floor area
1,500 square feet
All other nonresidential floor spaces
Total floor area
1,000 square feet
(4) PUD -4.
Any use permitted in the R -AA large estate residential or R -A estate residential district,
provided the uses are developed compatibly with an historical or architecturally significant
structure or premises.
(5) PUD -5.
Any permitted or special exception uses within the C -TS district with the exception of non-
profit cultural centers, professional and studio type schools, public and private parking lots,
storage garages, parking garages which are not part of a principal use, auto rental lots, private
social, swimming, golf, tennis and yacht clubs, public or private academic schools, drive -in
business service facilities, churches, synagogues and other houses of worship, roof deck
parking and museums. Residential uses are allowed by special exception on the first floor on
those platted lots that front on the south side of Sunset Avenue within the PUD -5 area which
are identified as Lots 31 through 65, Floral Park.
Residential access to dwelling units shall be physically separated from commercial uses in a
mixed use building. In addition, in mixed commercial /residential buildings, the applicant shall
use noise reduction construction techniques such as additional insulation and storm rated
windows in both the commercial and residential units to reduce possible negative impacts
between those types of uses.
Section 16. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
Section 134 -657, Open Space, to read as follows:
Sec. 134 -657. Open space.
(1)PUD -1 through PUD -4_ A minimum of 15 percent of a planned unit site area shall be developed
as common open space. Parking areas and vehicle access facilities shall not be considered in
calculating such common open space. In no event, however, shall the lot coverage of all structures
located within a planned unit development site exceed 35 percent of the gross area included within
such planned unit development site.
(2) PUD -5. There is a minimum 30 percent public open space requirement. Public open space is
defined as landscape or hardscape areas, including vias, dedicated for use of the general public. Said
public open space shall be open to the sky and not closed for public access at any time. Public open
space shall not be used for off - street parking or loading, and the minimum landscape open space within
the public open space shall be determined during the approval process of the PUD, special exception
Ordinance No. 6 -2013 Page 11 of 17
and site plan review process by the Town Council. Variances shall not be permitted from the minimum
30 percent public open space requirement.
Section 17. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
Section 134 -687, General standards, to read as follows:
Sec. 134 -687. General standards.
(a) The planned unit development shall be consistent with the regulations governing planned unit
developments as set forth within division 3 of this article.
(b) The planned unit development plan shall be consistent with the Palm Beach Comprehensive Plan.
(c) The planned unit development shall provide for an effective and unified treatment of the
development possibilities on the project site making appropriate provision for the preservation of
scenic features and amenities of the site and the surrounding areas. For the PUD -5, this shall include
the preservation of the Main Street appearance with separations and building breaks which are
currently prevalent for the Contributing and noncontributing buildings in the PUD -5 area.
(d) The planned unit development shall be planned and developed to harmonize with any existing or
proposed development in the area surrounding the project site.
(e) The historical preservation mixed use planned unit development (PUD -5) shall be complimentary
to the architecture, character, size, height and bulk of land uses and the historically contributing
buildings which exist on the five Palm Beach acres bounded between Royal Poinciana Way and Sunset
Avenue, and Bradley Place and North County Road. Bradley House Hotel, as a Contributing building,
shall only be used as an example of architecture and design and not height and bulk when looking at
the compatibility of development and redevelopment.
Section 18. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
Section 134 -688, Design standards, to read as follows:
Sec. 134 -688. Design standards.
(a) In a planned unit development, all buildings in the layout and design shall be an integral part of
the development and shall have convenient access to and from adjacent uses and blocks.
(b) Individual buildings shall be related to each other in design, masses, materials, placement and
connections to provide a visually and physically integrated development. In addition, proposed
buildings and/or structures utilizing the PUD -5 shall be complimentary to the architecture, character,
size, height and bulk of the Historically and Architecturally Contributing buildings, as identified in the
Contributing Buildings Report, and land uses within the five Palm Beach acres bounded between
Royal Poinciana Way and Sunset Avenue, and Bradley Place and North County Road. Bradley House
Hotel, as a Contributing building, shall only be used as an example of architecture and design and not
height and bulk when looking at the compatibility of development and redevelopment.
(c) Treatment of the sides and rear of all buildings within the planned unit development group shall
be comparable in amenity and appearance to the treatment given to street frontage of these same
buildings.
Ordinance No. 6 -2013 Page 12 of 17
(d) The design of buildings and the parking facilities shall take advantage of the natural features,
topography of the project site, where appropriate.
(e) All building walls shall be so oriented as to ensure adequate light and air exposures to the room
within.
(f) All buildings shall be arranged so as to avoid undue exposure to concentrated loading or parking
facilities. Wherever possible, loading and parking facilities shall be so oriented as to preserve visual
and audible privacy between adjacent buildings.
(g) All buildings shall be arranged so as to be accessible to emergency vehicles.
(h) All PUD -5 development or redevelopment shall (i) preserve and enhance the unique quality and
"Main Street" character of the area which is captured in the Contributing Building Report and PUD -5
Design Guidelines, which are adopted by reference, so as to support its unique heritage; (ii) encourage
small scale retail, entertainment and office establishments providing for the frequently recurring needs
of the townspeople in a mixed -use environment with an accessory or secondary, small scale residential
component; (iii) create a pedestrian friendly environment, which shall include, wherever possible,
pedestrian access between Royal Poinciana Way and Sunset Avenue, through vias: and (iv) encourage
interior courtyards and pedestrian friendly public open spaces. As such, all applications for PUD -5
development or redevelopment shall have a site elevation plan of the proposed development or
redevelopment, including a streetscape of the proposed development and surrounding buildings
together with an appropriately scaled model.
Section 19. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
Section 134 -689, Landscape design standards, to read as follows:
Sec. 134 -689. Landscape design standards.
(a) In a planned unit development, landscape treatment for plazas, roads, paths, service and parking
areas shall be designed as an integral part of a coordinated landscape design for the entire project area.
(b) Primary landscape treatment shall consist of shrubs, ground cover, and shade trees and shall
combine with appropriate walks and street surfaces to provide an attractive development pattern.
Landscape materials selected should be appropriate to local growing conditions.
(c) Whenever appropriate, existing trees shall be conserved and integrated into the landscape design
plan.
(d) Wherever possible all streets bordering the project area shall be planted at appropriate intervals
with trees.
Section 20. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
Section 134 -690, Circulation system design standards, to read as follows:
Sec. 134 -690. Circulation system design standards.
(a) In a planned unit development, there shall be an adequate, safe and convenient arrangement of
pedestrian circulation facilities, roadways, driveways, off - street parking and loading space.
Ordinance No. 6 -2013 Page 13 of 17
(b) Roads, pedestrian walks and open space shall be designed as integral parts of an overall site
design. They shall be properly related to existing and proposed buildings and appropriately landscaped.
(c) Buildings and vehicular circulation with open spaces shall be arranged so that pedestrians moving
between buildings are not unnecessarily exposed to vehicular traffic.
(d) Landscaped, paved and comfortably graded pedestrian walks shall be provided along the lines of
the most intense use, particularly from building entrances to streets, parking areas and adjacent
buildings.
(e) Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc.,
shall be of good appearance, easily maintained and indicative of their function.
(f) PUD -5 development or redevelopment shall not have curb cuts and vehicular access from Royal
Poinciana Way, Bradley Place or North County Road. All curb cuts and vehicular off - street parking
access shall be from Sunset Avenue.
Section 21. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
Section 134 -691, Parking and loading design standards, to read as follows:
Sec. 134 -691. Parking and loading design standards.
(a) In a planned unit development, parking facilities shall be landscaped and screened from public
view to the extent necessary to eliminate unsightliness and monotony of parked cars.
(b) Pedestrian connections between areas and buildings shall be via special pedestrian walkways
and /or elevators.
(c) Parking facilities shall be designed with careful regard to orderly arrangement, landscaping, ease
of access, and shall be developed as an integral part of an overall site design.
(d) Any above grade loading facility should be screened from public view to the extent necessary to
eliminate unsightliness.
(e) Parking and loading facilities shall be provided in accordance with divisions 2 and 3 of article IX
of this chapter with the exception of the PUD -5 which shall be in accordance with the requirements in
Sec. 134 -69(f) and sub - section (f) of this section.
(f) PUD -5 development or redevelopment shall meet the parking and loading requirements in
division 2 and 3 of Article IX of this chapter with the exception of the required off - street parking. The
PUD -5 off - street parking requirements are as follows:
1. Residential and existing hotel uses shall be required to provide the required off - street
parking as provided for in division 2 of Article IX except when said redevelopment results in
at least 50 percent reduction from the density that previously existed. In such case, the
applicant shall not be required to provide any additional off - street parking for the
redevelopment other than what existed prior to the redevelopment.
Ordinance No. 6 -2013 Page 14 of 17
2. Off - street parking for replacing commercial square footage and /or intensity of use that
existed prior to redevelopment and for first floor building area to be utilized as retail space
shall not be required. Any existing off - street parking shall be required to be recaptured,
except as provided for in subsection 4. Any increase in the demand for off - street parking for
additional commercial square footage and/or intensity of use, other than first floor retail use,
based on Article IX, OFF - STREET PARKING AND LOADING in Chapter 134 of the Code
shall be required, except as provided for in sub - sections 3 and 4 of this section.
3. PUD -5 development and redevelopment shall be exempt from the off - street loading
requirements in Sec. 134 -2211. However, the applicant shall demonstrate that there is
adequate loading and unloading zones that are not on Royal Poinciana Way to service the
proposed PUD -5.
4. In the PUD -5, properties fronting on Royal Poinciana Way should be encouraged to
eliminate parking lots and curb cuts that front on the street and curb cuts which interfere
with the flow of pedestrian traffic. Accordingly, any parking lots and associated curb cuts
fronting on Royal Poinciana Way that are replaced by street fronting, one story retail space,
and set aside 30% of the prior parking lot area as public open space, need not provide onsite
parking for the retail space that replaces the parking area.
Section 22. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
creating Section 134 -692, Lot, yard and bulk requirements, to read as follows:
Sec. 134 -692. Lot, yard and bulk requirements.
(a) With the exception of the open space in Sec. 134 -657 and density requirements in Sec. 134 -654,
the lot, yard and bulk requirements for the PUD -1, PUD -2, PUD -3 and PUD -4 are intended to meet the
requirements in the district in which the PUD is proposed.
(b) The lot, yard and bulk requirements for PUD -5 applications are as follows. Variances shall not
be permitted from the lot coverage, height, overall height and public open space requirements as set
forth herein.
1. Maximum density: 10 dwelling units per Palm Beach acre with a maximum of 13 dwelling
units per Palm Beach acre if one of the following are met (Sec. 134 -654):
a. All required off - street parking is in a sub - basement.
b. The existing density is decreased by not less than 50 %.
2. Maximum height:
One -story portion: 15 feet
Two -story portion: 25 feet
Three -story portion: 35 feet - provided, however, that buildings on Royal
Poinciana Way designated in the Contributing Building Report as Contributing,
may not exceed two stories or 25 feet in height.
3. Maximum overall height: An additional 3 feet for a parapet on a flat roof
building and an additional 8 feet for a pitched roof building.
Ordinance No. 6 -2013 Page 15 of 17
4. Maximum lot coverage:
One story portion: 70 percent
Two story portion: 70 percent
Three story portion: 35 percent
5. Setbacks: All setbacks shall be determined through the PUD approval process.
6. Public Open Space: There is a minimum 30 percent public open space requirement. Public
open space is defined as landscape or hadscape areas, including vias, dedicated for use of the general
public. Said public open space shall be open to the sky and not closed from public access at any time.
Public open space shall not be used for off - street parking or loading, and the minimum landscape open
space within the public open space shall be determined during the approval process of the PUD,
special exception and site plan review process by the Town Council.
Section 23. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
creating Section 134 -693, Sunset Provision, to read as follows:
Sec. 134 -693. Sunset Provision.
The PUD -5 Regulations within sec. 134 -476 through sec. 134 -693 and sec. 134 -1109 shall sunset on
September 11, 2018, unless the town council by a majority vote approves an extension of these
regulations at a regularly scheduled town council meeting prior to their expiration.
Section 24. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134 -1109, Special
exception uses, to read as follows:
Sec. 134 -1109. Special exception uses.
(a) The special exception uses require a site plan and review as provided in Article III of this chapter.
The special exception uses in the C -TS town - serving commercial district are as follows:
(1) Planned Unit Development (PUD -5) for an area of the District bounded between Royal
Poinciana Way and Sunset Avenue and Bradley Place and North County Road.
Section 25. Amend ARTICLE V, PLANNED UNIT DEVELOPMENT PROCEDURE,
incorporating by reference the attached Palm Beach PUD -5 Design Guidelines and Contributing
Building Report: The Historic Character Of Royal Poinciana Way, as provided for in that above
amendments.
Section 26. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not
affect the other provisions or applications of this Ordinance which can be given effect without the
invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared
severable.
Ordinance No. 6 -2013 Page 16 of 17
Section 27. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with this or
any part of this Ordinance are hereby repealed.
Section 28. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of
Palm Beach.
Section 29. Effective Date.
This Ordinance shall become effective 32 days after the state land planning agency notifies the Town
that the plan amendment package relating to Ordinance No. 5 -2013 is complete or, in the event of a
timely challenge to the amendments contained within Ordinance No. 5 -2013, upon the state land
planning agency or the Administration Commission having entered a final order determining the
adopted amendments contained within Ordinance No. 5 -2013 to be in compliance, all as provided in
Florida Statute 163.3184.
PASSED AND ADOPTED in regular, adjourned session assembled on first reading on the 9th day of
October, 2013, and second and final reading on this 13 day of November, 2013.
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Gail L. Coniglio, Mayor
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san A. en o, Clerk, MMC
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David A. Rosow, Town Council President
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Robed N. Wildrick,Couidl President Pro Tern
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Richa . Kleid, Town Council Member
Michael Pucillo, TKWn Council Member
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