03-054ORDINANCE NO. 03- OSq
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA ESTABLISHING A URBAN CENTRAL
BUSINESS DISTRICT PURSUANT TO SECTION
380.062(2)(e), FLORIDA STATUTES; SETTING FORTH
THE BOUNDARIES OF THE URBAN CENTRAL
BUSINESS DISTRICT; ESTABLISHING GUIDELINES
AND STANDARDS WHICH SHALL BE APPLICABLE TO
DEVELOPMENTS WITHIN THE URBAN CENTRAL
BUSINESS DISTRICT; PROVIDING FOR TRANSMISSION
TO THE DEPARTMENT OF COMMUNITY AFFAIRS;
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION, AND AN EFFECTWE DATE.
WHEREAS, Section 380.06(2)(e), Florida Statutes, provides that certain
Development of Regional Impact (DRI) guidelines and standards shall be increased in areas
designated by local governments as Urban Central Business Districts within jurisdictions
whose Comprehensive Plans have been found to be in compliance with PART II, Chapter
163, Florida Statues; and
WHEREEAS, by Ordinance 89-38, adopted November 7, 1989, the City's
Comprehensive Plan pursuant to Part II, Chapter 163, Florida Statutes, was adopted and it
was found to be in compliance by the State of Florida on February 8, 1991.
WHEREAS, the City of Boynton Beach is a municipality with a population
!exceeding 25,000 and is located within an urbanized area as defined by the 1990 census; and
WHEREAS, the area proposed for the Urban Central Business District is currently
served by mass transit service, as defined in Chapter 9J-5, Florida Administrative Code; and
WHEREAS, the City Commission finds it is in the best interest of the City to
~establish a single urban core area to attract high intensity, high density, multi-use
]development in the area currently referred to as the central business district; and
WHEREAS, the City Commission finds it is necessary to the City's long range
~controlled growth objectives to create an urban core area to serve as a hub of eastern
redevelopment activity; and
WHEREAS, the creation of an urban central business district is necessary to achieve
the City's goals for redevelopment of its eastern historical downtown district; and
WHEREAS, the redesignation of the central business district to an urban central
Ibusiness district will permit additional development density opportunities suitable to attract
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mixed use business; and
WHEREAS the area proposed for the urban central business district currently enjoys
a land use designation and zoning classification compatible with intensification of use in the
area; and
WHEREAS, the area hereinafter specified for designation as a Urban Central
Business District meets all qualifying criteria provided in Florida Administrative Code Rule
28-24.014 for designation as a urban central business district.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing Whereas clauses are tree and correct and are now
ratified and confirmed by the City Commission.
Section 2. The City Commission of the City of Boynton Beach, Florida
hereby designates the current central business area hereinafter described as a Urban
Central Business District as that term is defined by Florida Administrative Code Rule
28-24.014 (10)(c)l. The land that shall comprise the Urban Central Business District
is bordered on the east by the Intracoastal Waterway, excluding all lands designated
with a conservation overlay on the City's future land use map, and City lands utilized
for stormwater retention; on the west by the Florida East Coast Railroad right-of-way,
on the north by northeast 6th Avenue, and on the south by S.E. 2nd Avenue and
consists of approximately eighty-three (83) acres. These boundaries shall be utilized
for increased development-of-regional-impact guidelines and standards, consistent
with the criteria of this rule. The area is further delineated in map format on attached
Exhibit "A".
Section 3. The Urban Central Business District is consistent with the City of
Boynton Beach Comprehensive Plan and Future Land Use map intensities, and has a land use
designation of Mixed Use (MX), eligible for Mixed Use Core (M×C) and a zoning district
designation of CBD, which is eligible for Mixed Use High (MUH).
Section 4. The Urban Central Business District is wholly within the jurisdictional
boundaries of the City of Boynton Beach.
Section 5. The future land use and zoning designation allow for high intensity
multi-use development within the proposed District.
Section 6. Within the Urban Central Business District, the DRI guidelines and
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standards set forth in Rule 28-24.014(10), F.A.C., as they may be amended from time to time,
shall apply to the development approved by the City after the effective date of this Ordinance.
Section 7. All laws and ordinances applying to the City of Boynton Beach in
conflict with any provisions of this ordinance are hereby repealed.
Section 8. 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 9. This Ordinance shall become effective immediately upon passage.
2003.
ATTEST:
FIRST READING this ~}G day of ~.,~D'r~ m]a~c
!
SECOND, FINAL READING AND PASSAGE this ~..
,2003.
__ day of
CITY OF BOYNTON BEACH, FLORIDA
o7-' .?.' '¢
~--~5ommissioner
S:\CA\Ordinances\Planning\Urban Central Business District- Rev 102403.doc
EXHIBIT "A"
CITY OF BOYNTON BEACH
URBAN CENTRAL BUSINESS DISTRICT
NE ~~
4TH AVE