R04-029RESOLUTION NO. R04-
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING ISSUANCE OF A
NOTICE OF INTENT TO ALLOW THE CITY
ADMINISTRATION TO STUDY, REVIEW AND
REVISE THE STANDARDS AND REQUIREMENTS
FOR DEVELOPMENT OF MULTI-FAMILY AND NON-
RESIDENTIAL USES IN AREAS DESIGNATED
MIXED USE ON THE CITY'S FUTURE LAND USE
MAP; PROVIDING FOR NOTICE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, City administrative staff has requested Commission approval to issue a
Notice of Intent to allow the staff to study and review the impact of multi-family and non-
residential uses allowed as permitted or conditional uses in areas designated Mixed Use on
the City's Future Land Use Map to determine if amendments or modifications are needed
with respect to requirements for limitations of use, minimum lot size, height limitations,
limitations on locations, buffering, design standards, increase landscape requirements, traffic
control, access, parking and setbacks; and
WHEREAS, the Commission deems it timely and in the best interest of the City and
its residents to undertake study, review and revision of the Land Development Regulations;
and
WHERAS, the Commission has authority to initiate the review process by adoption
of this Resolution and issuance of a Notice of Intent; and
WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents
formal announcement of planning activities and zoning in progress, and the announcement
of a zoning in progress period during which time no applications related to non-residential
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,use development activity proposed within the study area will be accepted or processed; and
WHEREAS, this Notice of Intent will be in effect from the date of adoption and
Ihereafter for a period not to exceed 180 days following the date of adoption unless otherwise
by the City Commission by subsequent Resolution following public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
adopt and issue the Notice of Intent attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective city-wide immediately
upon passage.
Section 3.
The Notice of Intent shall be posted and copies provided as required
Ordinance 000-053 (Codified in Article XI of Chapter 1 of the City's Land Development
Code, Part III, Code of Ordinances).
Section 4. A Public Hearing shall be conducted during the March 16, 2004 City
Commission meeting, following which the Commission shall vote to either approve or
disapprove further processing of the proposed regulation study period described in the Notice
of Intent.
Section 5. No application for development activity or amendment to an
application previously filed within the scope of the study shall be accepted by the City
following the date of adoption of this Resolution and during the study period.
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2/10/2004
NOTICE OF INTENT TO ADOPT
PENDING LAND DEVELOPMENT AMENDMENT
NOI #2004-03
STATEMENT OF PURPOSE AND SCOPE OF STUDY
The purpose of this Notice of Intent is to declare a period to prepare and bring forward for
adoption amendments to the Land Development Regulations to lessen the impacts of multi-
family and non-residential uses in single-family residential zoning districts, on lands designated
Mixed Use on the City's Future Land Use Map.
AFFECTED AREA
The Affected Area shall be specifically described as all lands designated Mixed Use (MU) on the
City of Boynton Beach Future Land Use Map. (see attached Exhibit "A").
GENERAL DESCRIPTION OF POSSIBI,E AMENDMENTS TO LAND DEVELOPMENT
REGULATIONS (LDR)
1. Provide minimum acreage requirement for the rezoning of property from single-
family residential zoning district to a mixed use zoning district;
2. Provide additional buffering and landscape requirements for mixed use development
proximate to existing single-family residential development; and
3. Place additional height limitations on mixed use development proximate to existing
single-family residential development.
AFFECT ON DEVELOPMENT IF REGULATION ADOPTED
The intent of amendments to the Land Development Regulations is to protect single-family
residential developments from unwarranted impacts that might be caused by more intense mixed
use development in close proximity.
EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE
THE SUBJECT OF THE STUDY AND MAY BE AMENDED
LDR, Chapter 2. Zoning, Section 6.F. Mixed Use Zoning Districts
PROJECTED TIME FRAME FOR STUDY
One Hundred and Eighty (180) days from
Commission.
the date of approval of this Notice by the City
STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING
REGULATION WOULD AFFECT
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Effective on adoption of this Notice, no application or uses within the Affected Area deemed
incomplete shall be processed and no new application shall be accepted or processed during the
period that this Notice is in effect.
This Notice of Intent shall only apply to said applications for rezoning from any single-family
residential zoning district to Mixed Use-Low Intensity-MU-L zoning district submitted to the
City after the Notice of Intent is executed.
ADDITIONAL NOTICE
The Notice of Intent shall be posted in the Development Department and in the notice
case located at the main entrance to City Hall.
A copy of the Notice of Intent shall be mailed to the Chamber of Commerce.
Following issuance of this Notice of Intent, the notice shall be provided to all applicants
who may be potentially affected by the pending study and regulatory changes. This
notice shall be provided to those individuals by mail, facsimile, electronic mail or in
person. Comments including written objections to the Notice of Intent, shall be accepted
by the Development Department Director from recipients of this notice.
Neither failure by the City Clerk to provide notice as set forth in this section not the lack of
awareness of any potentially affected applicant shall not invalidate the applicability of this
notice.
Dated: February
Adopted by Resolution number R04- O&~ of the City Commission of the City of Boynton
Beach, Florida the 1'7 day of~-'~ot'~,mt~, 200~__.
!
ic~ Of the City Clerk
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FUTURE LAND USE MAP: MIXED USE LAND USES
LEGEND
Mixed use land uses
N
PASSED AND ADOPTED this I'-/ day of February 2004.
tTTEST:
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