R05-060
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1 RESOLUTION NO. R05- 0100
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING ISSUANCE OF A "NOTICE
5 OF INTENT" TO CREATE A TEMPORARY
6 MORATORIUM ALLOWING STAFF TO REVIEW AND
7 REVISE ZONING REGULATIONS FOR PROPERTIES
8 IN M-l ZONING DISTRICTS WHICH FRONT ON
9 SPECIFIC ROADWAYS; AND PROVIDING AN
10 EFFECTIVE DATE.
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12 WHEREAS, Ordinance 00-53 authorizes temporary moratoriums to allow the City staff
13 and City consultants to study the need for modifications to City development regulations in
14 response to trends on development or redevelopment in the City; and
15 WHEREAS, the United States Supreme Court in its 2002 opinion in Tahoe-Sierra
16 Preservation Council, Inc. v. Tahoe Regional Planning Agency recognized the that moratoria, or
17 "'interim development controls" as they are often called, are an essential tool of successful
18 development; and
19 WHEREAS, the Commission deems it timely and in the best interest of the City and its
20 residents to undertake review and revision to M-l zoning regulations. The review development
21 performance standards and site plan characteristics for development of M -1 zoned property that
22 Ifronts on specific roadways; and
23 WHEREAS, the Commission has authority to initiate the review process by resolution
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24 ~nd issuance of a Notice of Intent; and
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25 WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents a
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26 formal announcement of said planning activities, and the period during which time all
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27 ~PPlications related to development activity proposed within the study area, must be abated; and
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28 I WHEREAS, this Notice of Intent will be in effect from the date of adoption and
29 thereafter for a period of 180 days following the date of adoption unless otherwise extended by
30 he City Commission by subsequent Resolution following public hearing.
31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
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1 CITY OF BOYNTON BEACH, FLORIDA, THAT:
2 Section 1. The City Commission of the City of Boynton Beach, Florida does hereby
3 does hereby issue the Notice ofIntent attached hereto as Exhibit "A".
4 Section 2. That this Resolution shall become effective city-wide in M-l zoned
5 properties which front on specific roadways immediately upon passage.
6 Section 3. The Notice of Intent shall posted and copies provided as required by
7 Ordinance 000-053.
8 Section 4. No application for development activity within the scope of the study shall
9 be accepted by the City following the date of adoption of this Resolution and during the study
10 period. No application for a development activity within the scope of the study shall be further
11 processed by the City, following the date of adoption of this Resolution during the study period,
12 unless the application was filed prior to the adoption date of this Resolution.
13 PASSED AND ADOPTED this £L day of April, 2005.
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15 ~~'FLORIDA
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30 ~ TTEST: Commissioner
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NOTICE OF INTENT TO ADOPT
PENDING LAND DEVELOPMENT AMENDMENT
NOI #2005-01
STATEMENT OF PURPOSE AND SCOPE OF STUDY
The purpose of this Notice of Intent is to declare, in anticipation of an amendment to the Future
Land Use Map, Official Zoning Map and Land Development Regulations, a study period to:
A. Evaluate locations of existing property zoned M -1 Industrial District, with an
emphasis on those locations adjacent to major roadway corridors, for possible land
use incompatibilities, or for possible reductions in or expansions of the M-l District;
B. Evaluate uses allowed within, and site regulations of the M-l Industrial District for
potential incompatibility with adjacent zoning districts and roadway corridors;
e. Consider amendments to the existing regulations to prevent impacts upon adjacent
residential districts; and
D. Consider amendments to the Land Development Regulations to minimize aesthetic
impacts of projects proposed within the M-l Industrial District that are along selected
roadway corridors;
AFFECTED AREA
All properties currently zoned M-l Industrial District and generally located east of High Ridge
Road, south of Miner Road; north of Boynton Beach Boulevard, west ofI-95; north of Boynton
Beach Boulevard, west of Railroad Avenue; north of Woolbright Road, west of the F.E.e.
Railroad right-of-way; and east ofS. Congress Avenue, south of the LWDD L-28 Canal (see
attached Exhibit "A").
GENERAL DESCRIPTION OF POSSmLE AMENDMENTS TO LAND DEVELOPMENT
REGULATIONS (LDR)
1. Addition or deletion to permitted, conditional or prohibited uses within the M -1 Industrial
District; and
2. Amendment to design or site standards applicable to improvements proposed in the M-l
Industrial District.
AFFECT ON DEVELOPMENT IF REGULATION ADOPTED
If findings reveal potential land use incompatibilities between future industrial development and
adjacent properties, uses and road corridors, the intent of new regulations generated from the
study will be to minimize or eliminate potential impacts upon adjacent properties and
thoroughfares.
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EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE
THE SUBJECT OF THE STUDY AND MAYBE AMENDED
LDR, Chapter 2, Section 8 - Industrial District regulations and use provisions
LDR, Chapter 7.5, Article II - Landscape Code
LDR, Chapter 9 - Community Design Plan
PROJECTED TIME FRAME FOR STUDY
One Hundred and Eighty (180) days from the date of approval of this Notice by the City
Commission.
The planning study including formulation of recommendations is estimated to take 6 months. If
additional time is required to complete the study due to the scope or magnitude of the regulatory
changes, a request for extension may be requested by the Development Department. The City
Commission, following public hearing on the request for extension may extended this Notice of
Intent for an additional period as specified by the City Commission at the time of extension.
STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING
REGULATION WOULD AFFECT
Effective on adoption of this Notice, all new applications for industrial development or uses
within the M-l Industrial District shall be limited to conditional use and occupational license
applications for all uses permitted under the Land Development Regulations, Chapter 2. Zoning,
Section 8.A.l (Permitted uses no distance requirement), and permit applications for previously
approved developments or minor modifications of existing approved projects. All uses listed
under Sections 8.A.2, 8.A.3, and 8.A.4 shall be considered prohibited uses while this Notice of
Intent is in effect.
This Notice of Intent shall only apply to said applications accepted by the City after the Notice of
Intent is executed.
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ADDITIONAL NOTICE
1. The Notice of Intent shall be posted in the Development Department and in the notice
case located at the main entrance to City Hall.
2. A copy of the Notice ofIntent shall be mailed to the Chamber of Commerce.
3. 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:
Adopted by Resolution number BQ5:0w:> of the City Commission of the City of Boynton
Beach, Florida the ~ day ot8.f~r.iL, 2005'".
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