03-039ORDINANCE NO. 03 - 039
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA AMENDING POLICY
1.16.1 OF THE COMPREHENSWE PLAN TO CLARIFY
TYPES OF USES PERMITTED WITHIN THE MIXED USE
(MX) AND THE MIXED USE CORE (MX-C) LAND USE
CLASSIFICATIONS AND TO PROVIDE RANGES OF
ALLOWABLE PRECENTAGES OF LAND USES WITHIN
EACH CLASSIFICATION; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida ("City")
has adopted a Comprehensive Plan, and as part of said plan, adopted Objective 1.16,
~ursuant to Ordinance 89-38 in accordance with the Local Government Comprehensive
~lanning Act; and
WHEREAS, on June 17, 2003, the City Commission adopted Ordinance No. 03-
033 which provide for amendments to Objective 1.16 of the City's Comprehensive Plan;
and
WHEREAS, the State of Florida Department of Community Affairs reviewed the
amendments approved in Ordinance 03-033, and advised City staff that the Amendments
contained in Ordinance 03-033 were satisfactory subject to the adoption of additional
amendments to Objective 1.16 relating to the allowable percentages of land uses within
the Mix Use (MX) and Mixed Use Core (MX-C) land use categories; and
WHEREAS, after public heating and study, the City Commission deems it to be
in the best interest of the inhabitants of the City to amend the text of the City's
Comprehensive Plan by amending Objective l. 16 as provided herein; and
Ca/ordinances/comp plan text (DCA requirements) Section 1.16 1
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WHEREAS, it is the recommendation of City staff that a text amendment to
Policy 1.16.1 be made to provide for clarification regarding the percentages of land use
~ermitted within the Mixed Use (MX) and Mixed Use Core (MX-C) land use categories;
tnd
WHEREAS, the City Commission finds that the adoptions of these
Comprehensive Plan Amendments are in the best interest of the health, safety and welfare
of the citizens and residents of the City of Boynton Beach.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF TIlE CITY OF BOYNTON BEACII, FLORIDA, THAT:
Section 1. The foregoing Whereas clauses are tree and correct and are now
ratified and confirmed by the City Commission.
Section 2. That the Comprehensive Plan, Objective 1.16.1, is hereby amended
by adding the words and figures in underlined type and by deleting the words and figures
in struck-through type, as follows:
Mixed Use: This land use category shall consist of all
Mixed Use-Low Intensity zoning districts and/or any
zoning district(s) which may be established subsequent to
the adoption of the Plan provided that all of the above-
mentioned zoning districts are shown on the Future Land
Use Map within the Mixed Use land use category.
The uses allowed in this land use category shall be limited
to, but shall not necessarily include the following:
Z~usi~ess~ professio~M~ a~ admiMstrati~e o£~ces~ retail
3a/ordinances/comp plan text (DCA requirements) Section t.'lSA
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uses, personal services~ business services which are
compatible with retail uses; entertainment, recreation
facilities! amusements, attractions~ and exposition halls;
hotels and residential uses with a gross density up to 40
dwelling units per acre; places of worship, elementarF
and high schools~ and daF-care services; governmental
uses and activities; civic organizations and community
centers; home occupations.
Land use types shall be permitted according to the
£ollowinl~ ran~es~ expressed as a percentage of the total
area in this plan category. The percentages shall be
applied on an areawide basis but shall not be interpreted
to require development with a mixture of such uses.
Ranges of Allowable Percentages of Land Use Within the
Area:
Residential: 70%-90%
Commercial (including office development): 10%-30%
The cumulative development in these areas shall be
monitored annuallF to ensure that the proportion of
mixed uses is maintained.
A Floor Area Ratio (FAR) up to 1.5 may be considered for
All uses, exclusive of parking structures, throughout the
Mixed Use category; however, a FAR of up to 2.0 may be
considered for the developments immediately abutting the
Mixed Use Core land use category or meeting other
locational criteria.
All land development located in the Mixed Use Low
Intensity category shall be required to submit a plan that
includes a single unified design for the project, and shall
conform to any adopted design plan (s) for the area covered
by the category.
Mixed Use-Core: This land use category shall consist of all
Mixed Use High Intensity zoning districts and/or any
zoning district(s) which may be established subsequent to
the adoption of the Plan provided that all of the above-
mentioned zoning districts are shown on the Future Land
Use Map within the Mixed Use-Core land use category.
~,a/ordinances/comp plan text (DCA requirements) Section 1.16.1
The uses allowed in this land use category shall be limited
to, but shall not necessarily include the following:
~ Business~ pro[essional~ and administrative
o[~ces; retail uses~ personal se~ices~ daF-care se~ices~
business se~ices which are compatible with retail uses;
ente~ainment~ recreation [acilities~ amusements~
agractions~ and ~position halls; hotels and residential
uses with a gross densi~ up to 80 dwelling units per acre;
places o[worship; governmental uses; home occupations.
Land use tFpes shall be permitted according to the
£ollowin~ ranges, expressed as a percentage o[ the total
area in this plan categorF. The percentages shall be
applied on an areawide basis but shall not be interpreted
to require development with a mixture o£such uses.
Ranges o[Allowable Percentages o[Land Use Within the
Area:
Residential: 30%- 70%
Commercial (including o[flce development): 30%- 70%
The cumulative development in these areas shall be
monitored annuallF to ensure that the proportion o[
mixed uses is maintained.
A Floor Area Ratio (FAR) up to 4.0 may be considered for
all uses, exclusive of parking structures, throughout the
Mixed Use Core land use category. For the Mixed Use-
Core area east of Federal Highway within the Hurricane
Evacuation Zone, while the residential density within a
development may be up to 80 dwelling units per acre, the
overall density for the Mixed Use-Core area east of Federal
Highway shall not exceed 40 dwelling units per acre.
All land development located in the Mixed Use-Core
category shall be required to submit a plan that includes a
;a/ordinances/comp plan text (DCA requirements) Section 1.16.1
4
single unified design for the project, and shall conform to
any adopted design plan(s) for the area covered by the
category.
Section 3. All laws and ordinances applying to the City of Boynton Beach in
conflict with any provisions of this Ordinance are hereby repealed.
Section 4. Should any section or provision of this Ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
Section 5. This Ordinance shall become effective immediately.
FIRST READING this [ 6] day of' August, 2003.
SECOND, FINAL READING AND PASSAGE this ~ day of l>~t: o 2003.
~TTEST:
CITY OF BOYNTON BEACH, FLORIDA
/t~ayor / ',.4t/
~~~~__~.~/"'"w -C~mmissioner_
3a/ord ~uirements) Section 1.16.1
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