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59 the establishment of a Planned Mobility Future Land Use Designation; and 2 WHEREAS, as part of amendments to the City's Comprehensive Plan, the City 3 Council designated various areas of the City with a Planned Mobility Future Land Use 4 Designation; 5 WHEREAS, adopted Comprehensive Plan Land Use Policies and require 6 that the City's Land Development Regulations be amended to govern the development and 7 redevelopment of lands designated Planned Mobility; and 8 WHEREAS, the LIRP, W-1 and M-3 zoning districts are hereinafter amended to 9 provide district regulations to govern the development and re-development of lands designated 10 Planned Mobility on the Future Land Use Map of the City's Comprehensive Plan; now therefore THE CITY OF BOCA RATON HEREBY ORDAINS: Section 1. Section Planned Mobility Developments (PMD) is created to read 15 as follows: 16 Section Planned Mobility Developments (PMO). 17 (1) Eligibility. The development parameters hereinafter set forth in this section shall 18 apply to lands which are: 19 (a) zoned LIRP; 20 (b) designated Planned Mobility on the Future Land Use Map of the City's 21 Comprehensive Plan; and 22 (c) approved for development pursuant to Chapter 28, Article XVII, Division 8 23 Planned Mobility Developments. 24 (2) Non-PMD. Nothing in this section or in Chapter 28, Article XVII, Division 8 25 Planned Mobility Developments shall require lands zoned LIRP and designated Planned 26 Mobility on the Future Land Use Map of the City's Comprehensive Plan to exist, develop or 2

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61 (b) Non-residential floor area may not exceed a floor area ratio of 0.6 of the gross 2 land area of the parcel developed as a PMD. 3 (c) Land used for hotel and motel purposes is not subject to any floor area ratio 4 limitation, provided that the land area and floor area used for hotel and motel purposes shall not 5 be included in the floor area ratio calculations for any land within the PMD which is not used for 6 hotel and motel purposes or density calculations for residential purposes. 7 (d) In no event, shall the total square feet of development for all buildings, including 8 residential buildings, hotels and motels, and non-residential structures regardless of use (but 9 excluding parking structures), within the PMD exceed sooy-seventy percent (0070%) of the total 10 square feet of the parcel developed as a PMD. less the acreage devoted to hotel and motel 11 purposes. 12 (5) Building Height. The maximum building height within the boundaries of a PMD 13 shall be 85 feet. 14 Section 2. Section Planned Mobility Developments (PMD) is created to read 15 as follows: 16 Section Planned Mobility Developments (PMD). 17 (1) Eligibility. The development parameters hereinafter set forth in this section shall 18 apply to lands which are: 19 (a) zoned W-1; 20 (b) designated Planned Mobility on the Future Land Use Map of the City's 21 Comprehensive Plan ; and 22 (c) approved for development pursuant to Chapter 28, Article XVII, Division 8 23 Planned Mobility Developments. 24 (2) Non-PMD. Nothing in this section or in Chapter 28, Article XVII, Division 8 25 Planned Mobility Developments shall require lands zoned W-1 and designated Planned Mobility 26 on the Future Land Use Map of the City's Comprehensive Plan to exist, develop or redevelop as 4

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63 (b) Non-residential floor area may not exceed a floor area ratio of 0.4 of the gross 2 land area of the parcel developed as a PMD. 3 (c) Land used for hotel and motel purposes is not subject to any floor area ratio 4 limitation, provided that the land area and floor area used for hotel and motel purposes shall not 5 be included in the floor area ratio calculations for any land within the PMD which is not used for 6 hotel and motel purposes or density calculations for residential purposes. 7 (d) In no event, shall the total square feet of development for all buildings, including 8 residential buildings, hotels and motels, and non-residential structures regardless of use (but 9 excluding parking structures}, within the PMD exceed sooy-seventy percent (ezo%) of the total 10 square feet of the parcel developed as a PMD. less the acreage devoted to hotel and motel 11 purposes. 12 (5) Building Height. The maximum building height within the boundaries of a PMD 13 Master Plan shall be 85 feet. 14 Section 3. Section Planned Mobility Developments (PMD) is created to 15 read as follows: 16 Section Planned Mobility Developments (PMD). 17 (1) Eligibility. The development parameters hereinafter set forth in this section shall 18 apply to lands which are: 19 (a) zoned M-3; 20 (b) designated Planned Mobility on the Future Land Use Map of the City's 21 Comprehensive Plan; and 22 (c) approved for development pursuant to Chapter 28, Article XVII, Division 8 23 Planned Mobility Developments. 24 (2) Non-PMD. Nothing in this section or in Chapter 28, Article XVII, Division 8 25 Planned Mobility Developments shall require lands zoned M-3 and designated Planned Mobility 26 on the Future Land Use Map of the City's Comprehensive Plan to exist, develop or redevelop as 6

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68 AGREEMENTS, DECISIONAL CRITERIA AND MISCELLANEOUS PROVISIONS; AMENDING SECTIONS , AND TO ADD BICYCLE AND PEDESTRIAN POLICIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE 7 8 WHEREAS, on October 26, 2010, the City Council of the City of Boca Raton 9 amended certain goals, objectives and policies of the City's Comprehensive Plan to provide for 10 the establishment of the Planned Mobility Future Land Use Designation; and 11 WHEREAS, as part of amendments to the City's Comprehensive Plan, the City 12 Council designated various areas of the City with the Planned Mobility Future Land Use 13 designation; and 14 WHEREAS, adopted Comprehensive Plan Land Use Policies and require 15 that the City's Land Development Regulations be amended to govern the development and 16 redevelopment of lands designated Planned Mobility on the Future Land Use Map of the 17 Comprehensive Plan ; and 18 WHEREAS, the City's Planned Development Regulations are herein after amended 19 to add a new Division 8 providing for a planned development approval process for lands 20 designated Planned Mobility on the Future Land Use Map of the Comprehensive Plan; now 21 therefore THE CITY OF BOCA RATON HEREBY ORDAINS: 24 Section 1. Section is amended to add the following definitions: 25 Adequate public facilities: Those facilities required to serve a proposed development 26 in accordance with level of service standards adopted in the City's Comprehensive Plan. 2

69 Adequate public facilities shall include those facilities that improve the Quality of Service for 2 transportation related levels. 3 Building massing model: A 3-dimensional drawing.( } using Sketchup or other 4 comparable program which illustrates the location and mass (footprints and vertical and 5 horizontal dimensions) of all proposed buildings Nithout sho Ning any~ The drawing(s) may 6 include architectural detail, fenestration, or other fa9ade design components, such as balconies, 7 windows, doors and roof design. 8 Complementary Uses: Uses that allow a person to meet multiple daily needs by 9 walking from one use to a second use. 10 Distance: Whenever a measurement such as one quarter (%) mile between two 11 locations is stated, the distance shall be measured by reference to the most convenient walking 12 and/or biking route. 13 Drive-through Service: Any commercial operation which dispenses goods, products 14 or service to the occupants of motor vehicles while they are seated in a motor vehicle. 15 Gross land area: The total gross land area encompassed by a unified project, 16 including all the land areas of required or voluntarily dedicated land for public roadway, right-of- 17 way or other purposes. 18 Mobility Circulation System: An interconnected network of streets, roads, transit 19 facilities, driveways, alleys, sidewalks, and paths which provide for multiple modes of travel and 20 are supported by pedestrian and bicycle-oriented environments, conspicuous wayfinding and 21 orientation information, and connectivity to regional transit facilitiesa Regional Transportation 22 Service by at least one (1) mode other than a single-occupancy vehicle. 23 Neighborhood Serving Retail: A commercial establishment that provides goods and 24 services to satisfy primarily the daily needs of nearby residents, employees, customers and 25 guests. 3

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71 Division 8 - Planned Mobility Development Section Section Section Section Section Section Section Section Section Section Section Section Section Created Purpose Modification of Development Parameters Uses Size PO Plats Waived Eligibility and Applicability of Other Codes PMD Approvals, Master Plans and Site Plans Additional Application Requirements Design Standards Proportionate Fair Share Agreement Decisional Criteria Miscellaneous 15 Section Reserved. 16 Section Created. 17 Planned Mobility Developments (PMD) may be approved for lands that are 18 designated Planned Mobility on the Future Land Use Map of the Comprehensive Plan and upon 19 which the applicant seeks to develop or redevelop in accordance with the regulations set forth in 20 this Division 8. Lands approved hereunder as a PMD shall be noted on the City's Zoning Map 21 by reference to the decisional resolution or ordinance. 22 Section Purpose. 23 In addition to the purposes stated in Section , the purpose and intent of 24 Planned Mobility Developments is to encourage mi>c:ed multiple use land use patterns, 25 pedestrian-oriented site design and to direct higher density development toward locations 26 served by transit, while respecting and complementing the character of existing adjacent 5

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75 I 9112/1 2 Matrix tfa#ig-together with an analysis prepared by a traffic planner or traffic engineer whic h 2 justifies the proposed rating for each planned mobility program. by utilizing the following factors: 3 1. Internal Capture. The inclusion of multiple or mixed uses in the proposed Maste r 4 Plan which will result in trips within the proposed development Complementary Uses. The proposed uses are such that complementary use s 6 are located within reasonable proximity to the proposed development Transit. The extent to which the parcel proposed for development is locate d 8 within walking or biking distance from a transit or bus transfer station Bus Routes. The extent to which the center of the parcel proposed fo 10 development is located within a five (5) minute walk of an established bus route Van Pool. The extent and effectiveness of any van pool program for employee s 12 of uses in the proposed development Car Pool. The extent and effectiveness of any car pool program for employees o f 14 uses in the proposed development. including preferential parking and other incentives Shuttle. The availability of shuttle service to transit and bus transfer station s 16 and/or to complementary uses Internal Connectivity. The extent and effectiveness of internal connectivit y 18 between building and uses within the proposed development External Connectivity. The extent and effectiveness of connectivity between th e 20 proposed development and building and uses located within one half mile of the propose d 21 development. I Table 1. Planned Mobility Program Matrix Internal Capture 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% Rating Peak I Daily.5 I

76 I 9/ 1 Complementary 5% 10% 15% 20% 25% 30% 35% 40% 45% SO% Uses (w/in "x" miles).smile I mile I mile 0 0 I mile I Transit Station 750 1,250 1,500 1,750 2,000 2,250 2,500 Dist. (ft) Walking I 0 Biking Bus Routes (#) w/in 5 min. walk Alt. Vehicle A B c D E Van Pool CarPool I Shuttle Private Public 5 10 Internal A B c D E Connectivity External A B c D E Connectivity I lltotal I I II 2 3 (9) Any additional information as may be reasonably required by the City staff, the 4 Planning and Zoning Board, and/or the City Council. 5 Section Design Standards. 6 A PMD shall be designed so as to conform to the following design standards: 7 t!.lresidential Development in a proposed PMD. Where residential developme ntis 8 included in a PMD, no more than eighty-five percent (85%) of the total square fee t of 11

77 development of all buildings may be residential. unless the Planned Mobility Analysis and 2 Planned Mobility Matrix demonstrates that the mobility standards for complementarv uses 3 satisfied by existing complementary uses located in the immediate vicinitv of the parcel 4 proposed for development 5 (2) Minimum floor area. The minimum floor area of a residential dwelling unit in a 6 PMD shall be square feet. The average floor area of all the dwelling units in a PMD 7 shall be not less than 4-;G00900 square feet per unit. 8 (3) Complementary Uses. Each PMD shall include at least two (2) Complementary 9 Uses. unless the Planned Mobility Analysis and Planned Mobility Matrix demonstrates that the 10 mobility standards for complementary uses are satisfied by existing complementarv uses 11 located in the immediate vicinity of the parcel proposed for development 12 (4) Site Design. 13 (a) A PMD shall identify locations where sidewalks, shared use pathways, and other 14 trails or unimproved travel ways will provide non-vehicular mobility connection(s) between each 15 proposed or existing area of predominant residential character and a proposed or existing area 16 of employment or Neighborhood Serving Retail. 17 (b) Proposed land uses shall be integrated so that all uses to be developed are 18 capable of sharing amenities and infrastructure with one another and with existing adjacent land 19 uses, and so that nonresidential uses are conveniently located for access by adjacent or nearby 20 residential uses to reduce vehicular trips and trip lengths. 21 (c) Adequate residential density or non-residential intensity, or both, shall be 22 provided to generate an internal rate of capture of vehicular trips, and to create attractive and 23 functional areas that will serve as anchors for revitalization, redevelopment, and infill 24 development. 25 (d) Provide bicycle, pedestrian, transit and vehicle access within the area of a PMD 26 and between areas that are adjacent to the PMD. 12

78 (e) Streets shall be designed with a pedestrian orientation, which includes the 2 provision of continuous sidewalks and areas where pedestrian amenities such as seating areas, 3 street trees, trash receptacles, shelters and lighting are located. 4 (f) While parking garages are preferred for satisfying the off-street parking 5 requirements of the PMD, where new surface parking lots are provided they shall be located 6 and designed to support pedestrian safety, connectivity and comfort by reducing the number of 7 curb cuts and providing interconnectivity between and through sites. 8 (g) The extent of surface parking lots shall be broken up with landscaping and 9 placement around the PMD. 10 (h) Convenience parking between the right-of-way and building entrances shall be 11 provided based on the use and design of the building, consistent with providing pedestrian 12 accessibility and minimizing vehicular conflicts. 13 (i) Drive-through service is strongly discouraged. 14 (5) Sidewalks. In addition to Sections , et seq., the following requirements 15 shall be met. 16 (a) Sidewalks adjacent to or within a private or public right-of-way shall be designed 17 as follows: 18 (i) A planted buffer zone that shall be a minimum of four (4) feet in width, measured 19 from the back of curb or when no curb, ten (1 0) feet from the edge of pavement. 20 (ii) A pedestrian sidewalk that shall be a minimum of six (6) feet in width, and which 21 shall provide a clear pedestrian path for the entire width at all times. 22 (iii) The planted buffer zone shall include street trees, street furniture, pedestrian 23 scaled lighting, awnings and other pedestrian-oriented features. 24 (iv) Utilities, street trees, poles and all similar objects shall not be located within or 25 along the edges of the pedestrian sidewalk. 26 (v) Sidewalks shall be constructed on both sides of tae-any public right-of-way. 13

79 (b) All other sidewalks shall be a minimum of six (6) feet in clear width, with a 2 minimum of ten (10) feet in width for locations with sidewalk cafes, displays, sales or other 3 pedestrian-oriented activities. 4 (6) Bicycle Facilities. Off-street and on-street bicycle facilities shall be provided in 5 accordance with Sections et seq. Where the City has established or adopted a plan to 6 establish an on-street or off-street bicycle, pedestrian, greenway and shared-use pathway 7 system that abuts or adjoins the PMD, the PMD shall provide for a connection to that pathway 8 system. 9 (7) Connectivity. 10 (a) General. The PMD shall create conditions which are conducive to a Mobility 11 Circulation System. Pathways and sidewalks shall be designed to enhance pedestrian comfort 12 and use by way of such techniques as distinctive pavement; identity, way finding and directional 13 signage; identified departure and arrival points; distance markers and destination walking arrival 14 times in minutes; shaded rest stops with "street" furniture and spray water features; and, 15 decorative pole lighting fixtures. 16 (b) Regional Transportation Service. A PMD that is located within one half(%) mile 17 of any Regional Transportation Service point of service shall identify a continuous non-vehicular 18 connection between the PMD and such point of service. A non-vehicular connection may cross 19 a street that accommodates vehicular travel and still be deemed continuous if a clearly 20 delineated crosswalk with pedestrian signage exists or will be provided during implementation of 21 the PMD. If the PMD has frontage on any transit route, a bus shelter and/or transiubus pick-up 22 facility shall be provided by the PMD unless there is an existing suitable facility within 600 feet of 23 the PMD. For any PMD with a street frontage in excess of 600 feet, transit stops shall be 24 provided every 600 feet along the property frontage. 25 (c) City Transit Program. All PMD's shall participate in the City's transit programs. 26 The PMD shall either implement and maintain a shuttle service operating between the PMD and 14

80 the Tri-Rail station, or pay an annual fee to the City in lieu thereof. 2 (d) Crosswalks. Crosswalks shall be provided at all signalized or stopped controlled 3 intersections and pedestrian signals shall be installed at all signalized intersections and any 4 other locations where high pedestrian volumes or other conditions warrant a signalized 5 crossing. 6 (8) Setbacks. The minimum front, side and rear yard setbacks for all buildings within 7 a PMD shall be twenty (20) feet, except that the minimum setback from any road right-of-way 8 having a functional classification of urban major arterial, urban principal arterial, or urban 9 collector, as designated in the Comprehensive Plan, shall be fifty (50) feet, except that parcels 10 proposed for development with frontage on more than one (1) urban major arterial, urban 11 principal arterial or urban collector shall only be required to have a fiftv (50) foot setback along 12 one (1.) major road frontage or at corners of two (2) major roads. a twenty-five (25) foot setback 13 along both roads. Except as provided herein, all required yards shall be landscaped in 14 accordance with the City's landscape regulations and Community Appearance Board criteria. 15 (a) Outdoor seating for restaurants and cafes, and pedestrian amenities such as 16 benches, street trees, trash receptacles, shelters and lighting shall be permitted within any 17 required yard setback if the yard fronts along a public or private right of way. 18 (b) The inclusion of any required sidewalk or other pedestrian or non-vehicular 19 pathways within the area of any required setback is permitted when doing so would provide 20 direct walking access between Complementary Uses. 21 (9) Open/Green Space. The minimum open/green space required in a PMD shall be 22 25%. Plazas, paver driveways which are posted with signs that identify the driveway as a joint 23 vehicular and pedestrian way, sidewalks, covered arcades, gazebos, and other hardscape 24 areas may be counted towards satisfying the open/green space requirement provided such 25 areas promote connectivity and mobility 15

81 (10) Adequate Public Facilities. The public facilities serving the PMD shall be 2 adequate taking into account those public facilities dedicated, constructed and a proportionate 3 share thereof paid by the PMD. 4 (11) Building Design. 5 (a) Building massing shall be designed to result in structures which are varied in 6 terms of height, bulk, and articulation. 7 (b) Uses that are oriented towards pedestrians, such as retail sales and services, 8 shall be located on the ground floor of ~non-residential and residential building{s) in which 9 such uses are proposed. 10 (c) Each building shall include at least one pedestrian entrance oriented toward the 11 public street or other primary pedestrian access way and shall include design elements to 12 ensure that such entrance is identifiable and integrated into the building architecture. Such 13 design elements may include, but are not limited to canopies, wall recesses or projections, 14 arcades, arches, and columns. 15 (d) Building facades shall be designed to reduce the uniform monolithic scale and 16 appearance of large unadorned walls, while providing a more pedestrian-oriented design and 17 visual interest through the use of detail and scale and fenestration (i.e. character and 18 interrelationships of facade design components including windows, doors, and roof design). 19 (e) Window and door openings of buildings shall provide transparency into the 20 ground floor of retail facilities. A minimum of sixty (60) percent of the ground level retail facade 21 shall be transparent (including windows and door openings), as measured between two (2) and 22 eight (8) feet above the ground of all building containing retail facilities that fronts along a private 23 or public right-of-way. 24 (12) Lighting. Outdoor lighting shall create and encourage a pedestrian friendly 25 environment. Pedestrian scaled lighting placed along a public sidewalk shall be at a height of 26 no greater than fifteen (15) feet and shall be placed along the public sidewalk at a spacing of no 16

82 greater than fifty (50) feet. Lighting shall be located as close as possible to the center-point 2 between adjacent street trees. 3 (13) Parking. Except as provided in subsections (a) (b) and (c) below, the provisions 4 of Chapter 28, Article XVI Off Street Parking and Loading shall apply. 5 (a) Required Parking Spaces. The provision of required parking within a PMD shall 6 be in the amount of ninety five pereent (95%) of the off street parking requirement in Chapter 7 28, Artiele XVII and bieyele parking shall be ten pereent (10%) of the required number of motor 8 vehiele parking spaees and inelude long term and short term faeilities. in accordance with the 9 following: 10 Automobile 11 Office = 3 per sf 12 Medical 4.5 per 1,000 sf 13 Financial = 1 per 250 sf 14 Restaurant 15 per sf 15 Retail = 4 per 1,000 sf 16 Residential 17 1 BR = 1 per dwelling unit 18 2 BR 1.5 per dwelling unit 19 3BR = 2.0 per dwelling unit 20 Roc/Cultural = 1 per 3.5 seats + 1 per 25 non-seating sf 21 Education = 1 per 5 students. 1 per employee and 3 per sf 22 Industrial.95 per 500 sf or.95 per employee (max shift) 23 Hotel = 1 per room+ 35% of accessory uses per Chapter 28, Art. 24 VII (b) Bicycle Racks = 5% of required automobile spaces Shared Parking. Shared parking in accordance with Section is required 30 permitted and shared parking agreements with adjacent uses shall be strongly encouraged. 31 Reserved Parking. Reserved parking and/or valet parking is strongly 32 discouraged. unless the applicant demonstrates that the use of reserved or valet parking 33 contributes to satisfying the planned mobility objectives of the Comprehensive Plan. 34 (b) Shared Parking. Shared parking in accordance with Section is required 35 and shared parking agreements 'lt'ith adjacent uses shall be strongly encouraged. 17

83 (o) Reserved Parking. Res01ved parking and/or '4'alet parking is strongly 2 discouraged. 3 (d) On-Street Parking Locations. On-street parking (parallel or angled) is permitted 4 and may be used when continuous pedestrian connections are provided between the on-street 5 spaces and the non-residential uses of PMD. Such on-street parking spaces may be counted 6 toward satisfying the off-street parking requirement for those non-residential uses to which the 7 on-street spaces are connected. 8 (e) Surface parking spaces shall be located to the rear and sides of buildings 9 wherever feasible. 10 (f) Surface parking lots and maneuvering areas located to the side of a building 11 cannot occupy more than fifty percent (50%) of a site's frontage onto an urban minor arterial or 12 urban collector street. 13 (g) Wherever possible, parking lots and maneuvering areas on corner lots should not 14 be located adjacent to intersections. 15 (h) When surface parking lots are provided, provide smaller, more dispersed surface 16 parking lots instead of one large parking area. 17 (14) Parking Structures. 18 (a) Parking structures are preferred for satisfying the PMD's off-street parking 19 requirements and shall be designed so that automobile headlamps are screened with an 20 opaque structure to a height of at least three and one-half (3.5) feet above any drive surface 21 within the structure. 22 (b) Parking structures shall be wrapped with either residential or non-residential 23 uses, or both, or otherwise buffered from the street and adjacent residential structures by the 24 use of landscaping with over-story canopy of palm trees and under-story of trees at a density of 25 one (1) over-story and one (1) under-story tree for every one hundred and fifty (150) square feet 26 of distance between the parking structure and the street or adjacent residential structure. 18

84 (c) Parking structures that are not wrapped shall be designed in the same 2 architectural style with similar materials and finishes as the principal building or buildings which 3 are served by the structure; 4 (d) No light fixture on the top floor of a parking structure shall be located at a height 5 above the surface of the top parking level of greater than three and one half (3 %) feet. 6 (e) Parking structures shall be designed to include pedestrian walkways separated 7 from the driving aisles near all entrances and exits to and from the parking structure and be 8 designed in accordance with the City's Engineering Design Standards Manual. 9 (f) Covered pedestrian access shall be provided between parking structures and the 10 main use buildings that they are intended to serve. 11 (15) Streets Network. All streets and vehicular drives within a PMD shall be designed 12 as follows: 13 (a) All streets and drives shall be designed to create connections within the PMD 14 Master Plan, between all stand-alone Site Plans of the PMD Master Plan, and between the 15 PMD and all streets and drives in proximity thereto. 16 (b) Any street network that is provided shall be designed to accommodate future 17 street and pedestrian connections to adjacent developable or redevelopable parcels. 18 (c) No side of a street block shall exceed 660 feet in length unless outdoor 19 pedestrian access is provided through the block at intervals of no more than 660 feet. 20 (d) Curvilinear street designs, dead end streets and cui-de-sacs are discouraged 21 and streets within the PMD area shall connect to and continue any street patterns that are 22 previously established or approved on adjacent parcels. 23 (e) Landscape Treatment: 24 (i) All streets shall be treated with landscaping through sustainable practices such 25 as xeroscape, native plants, and the selection of materials that require minimum continuous 26 maintenance and irrigation. 19

85 (ii) Street trees shall be planted at a maximum distance between trees of 35 feet on 2 center. 3 (iii) Hardscape materials, patterns, and colors shall serve to complement buildings 4 and adjacent spaces such as plazas. 5 (16) Driveway Standards. Any driveway located within a PMD or at points of access 6 to a PMD not on a thoroughfare roadway may be designed per the urban driveway classification 7 standards set forth in Section All other points of access shall comply with the suburban 8 driveway classification standards set forth in Section (17) Community Appearance Board. All landscaping, colors and materials shall be 10 reviewed and approved on a preliminary basis by the Community Appearance Board in 11 accordance with their rules and regulations as part of the PMD approval process. Where these 12 design standards refer to trees, tree plantings and other landscape requirements the intent is to 13 set forth a minimum requirement. The Community Appearance Board in the exercise of its 14 jurisdiction may require a greater amount. 15 Section Proportionate Fair Share Agreements. 16 In order that the PMD may provide adequate public facilities and Mobility 17 Infrastructure, and in order to assure the implementation of the Planned Mobility Strategies 18 within the PMD, an applicant for a PMD may submit a proposed Proportionate Fair Share 19 Agreement pursuant to Section Proportionate Fair Share Program. The City Council in its 20 sole discretion may enter into a proportionate fa ir share agreement or not in connection with the 21 approval of a PMD. For purposes of this Section it is understood that an applicant may propose 22 a proportionate fair share agreement even though level of services and/or Quality of Services 23 are otherwise met, but rather for the purpose of assuring the implementation of the Planned 24 Mobility Strategies of the PMD, to otherwise mitigate the impact of the PMD and to improve the 25 Quality of Service within the planning area of the City where the PMD is located. By way of 26 example, the City may from time to time adopt resolutions that encourage the implementation of 20

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87 (e) Any modifications of development parameters or design standards pursuant to 2 Section mitigate daily vehicle trips and vehicle miles traveled. 3 Section Miscellaneous. 4 (1) In the event of conflict between the provisions of this Division 8 and the other 5 provisions of Article XVII, the provisions of this Division 8 shall prevail to the extent of such 6 conflict. It is the intent that a PMD be subject to all provisions of Article XVII not in conflict with 7 this Division 8. 8 (2) In the event of conflict between the provisions of this Division 8 and the other 9 provisions of this Code of Ordinances, the provisions of this Division 8 shall prevail to the extent 10 of such conflict. It is the intent that a PMD be subject to all provisions of this Code of 11 Ordinances not in conflict with this Division (3) Conditions of approval. The Planning and Zoning Board and the City Council 13 may impose reasonable conditions on PMD approval in order to ensure that its Planned Mobility 14 Strategies are achieved and that the approved PMD, if any, is implemented, including: 15 (a) A condition describing an enforceable method of securing performances of any 16 condition; 17 (b) A condition requiring recording of appropriate covenants and restrictions 18 documenting and restricting the densities and intensities regarding all or a portion of the PMD; 19 or, 20 (c) A proportionate fair share agreement. 21 (4) The city manager shall have the power and authority to make such rules, 22 regulations and criteria as may be necessary to effect the provisions of this Division 8, and to 23 make such other reasonable rules and regulation as he may deem proper to implement the 24 provisions of this Division 8 and which shall not be inconsistent with the terms and provisions of 25 this Division Section Reserved. 22

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89 new developments and/or redevelopments shall include bicycle and pedestrian facilities in 2 accordance with applicable standards. 3.{61 Design Guidelines. On-street bicycle facilities shall comply with the "Manual of 4 Uniform Minimum Standards for Design. Construction and Maintenance for Streets and 5 Highways" (commonly known as the "Florida Greenbook"). 6 Sec. 23-.:t-e Maintenance and repair policy. 7 Sidewalk or pathway construction in a public right-of-way shall be repaired, if needed, 8 by the abutting property owner, and the abutting property owner shall be responsible for 9 maintaining the sidewalk or pathway and swale area clean and free of trash, debris and foreign 10 materials. A shared-use path constructed in a city right-of-way shall be repaired by the city and 11 the city shall be responsible for maintaining the shared-use path clean and free of trash, debris 12 and foreign materials. The city may enter into an agreement to repair and maintain shared-use 13 paths constructed on private property or property owned by other public entities. 14 Section 4. If any section, subsection, clause or provision of this ordinance is held 15 invalid, the remainder shall not be affected by such invalidity. 16 Section 5. All ordinances and resolutions or parts of ordinances and resolutions and 17 all sections and parts of sections in conflict herewith shall be and hereby are repealed. 18 Section 6. Codification of this ordinance in the City Code of Ordinances is hereby 19 authorized and directed. 20 Section 7. This ordinance shall take effect immediately upon adoption. 21 PASSED AND ADOPTED by the City Council of the City of Boca Raton this 22 day of ' CITY OF BOCA RATON, FLORIDA ATIEST: Susan Whelchel, Mayor 30 24

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