05-059
II
1 ORDINANCE NO. 05 - 'O.s'i
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
5 THE LAND DEVELOPMENT REGULATIONS,
6 CHAPTER 2.5, "PLANNED UNIT DEVELOPMENT"
7 ("PUD"), SECTION 9-F, "RIGHT OF WAY", TO
8 PROVIDE FOR SECONDARY ROADWAYS WITHIN A
9 PUD TO BE APPROVED WITH RIGHT-OF-WAY
10 WIDTHS OF LESS THAN 40 FEET; PROVIDING FOR
11 CONFLICTS, SEVERABIILTY, CODIFICATION AND
12 AN EFFECTIVE DATE.
13
14 WHEREAS, City Administration, in an effort to address concerns from property
15 owners and developers with respect to the ability to design developments that recognize that
16 the widths of rights-of-way should be in scale with the surrounding development, proposes to
I
17! permit the construction of rights-of-way with widths of less than 40 feet within developments
18 zoned as Planned Unit Developments ("PUD"); and
19 i WHEREAS, the City commission deems it to be in the best interest of the citizens
20 and residents of the City to amend the Code of Ordinances to reflect this change;
21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, THAT:
23
Section 1.
That Chapter 2.5, "Planned Unit Development," Section 9(F), "Rights
24 of Way" of the Land Development Regulations, is hereby amended by adding the words and
25 figures in underlined type, as follows:
26 F. RIGHTS-OF - W A Y8-. The minimum width of a right-of-
27 way for a principal street in a PUD is forty (40) feet. In the
28 c'.'ent of a conflict \vith this scction and any other pFOyisions of
29 the City's Land Development Regulations regulating the 'Nidth
30 of the right of ways, this scction shall prevail. Privately owned
31 streets providing secondary vehicular circulation internal to the
32 PUD may be considered for approval with rights-of-way and
33 pavement widths less than the requirements state in the City's
34 Land Development Regulations: however. in no case shall
35 health. safety. welfare. or efficiencies of public services be
36 i eopardized.
1
II
1
2
Section 2.
Each and every other provision of Chapter 2.5, Section 9, of the Land
3: Development Regulations, not herein specifically amended shall remain in full force and
4 effect as previously enacted.
5
Section 3.
All ordinances or parts of ordinances in conflict herewith be and the
6 same are hereby repealed.
7
Section 4.
Should any section or provision of this ordinance or portion hereof, any
8 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
9 such decision shall not affect the remainder of this ordinance.
10
Section 5.
Authority is hereby granted to codify said ordinance.
11
Section 6.
This ordinance shall become effective immediately upon passage.
12
FIRST READING this ~ day of 8eprember , 2005.
SECOND, FINAL READING AND PASSAGE this 5 day of
Oc..Tober
13
14
,2005.
15
16
17
18
19
20
21
22
23
24
25
26
27 ATTEST:
28
29
3
3
32
33
34
CITY OF BO~BEA~H, FLORIDA
/
--~'
2~her .---/
/~C~.
Commissioner ~
\Planning\Right of Way Width (PUD),doc
2