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Agenda 03-26-13 CITY OF BOYNTON BEACH PLANNING & DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, March 26, 2013 TIME: 6:30 P.M. PLACE:Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida ___________________________________________ __________________________ ___________ 1. Pledge of Allegiance 2. Introduction of the Board 3. Agenda Approval 4. Approval of Minutes from February 26, 2013 meeting 5. Communications and Announcements: Report from Staff 6. New Business: Seabourn Cove - Phase II Utility Easement Abandonment (ABAN 13-002) A.1. – Approve the abandonment of a three (3) foot-wide Utility Easement (ABAN 13-002) running in an east- west direction for a distance of approximately 918 feet, located on the original Killian’s Park plat and currently being developed as Seabourn Cove – Phase II, zoned PUD (Planned Unit Development). Applicant: Bradley D. Miller, Miller Land Planning, Inc. Economic Development and Interim LDR Amendments (CDRV 13-001) B.1. – Approve amendments to the Land Development Regulations (LDR) to 1) create Transit Oriented Development Provisions & Minimum Standards; 2) revise applicability of Flood Elevation & Freeboard Standards; and 3) further amend parking requirements in support of Adaptive Reuse projects. Applicant: City Initiated. 8. Other 9. Comments by members 10. Adjournment The Board (Committee) may only conduct public business after a quorum has been established. If no quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk or her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK’S OFFICE, (561) 742-6060 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. øÍÙÇÏ×ÎÈ NEW BUSINESS 6.A.1 Seabourn Cove – Phase II Utility Easement Abandonment (ABAN 13-002) Easement Abandonment EXHIBIT "D" Conditions of Approval Project name: Seabourn Cove Phase II Utility Easement Abandonment File number: ABAN 13-002 Reference: INCLUDEREJECT DEPARTMENTS ENGINEERINGPUBLIC WORKS UTILITIES // Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: None ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Seabourn Cove Phase II\ABAN 13-002\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Seabourn Cove Phase II Utility Easement Abandonment (ABAN 13-002) APPLICANT’S AGENT: Bradley Miller, Miller Land Planning, Inc. AGENT’S ADDRESS: 508 E. Boynton Beach Blvd., Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 16, 2013 & May 7, 2013 TYPE OF RELIEF SOUGHT: Abandonment of a three (3) foot-wide Utility Easement (ABAN 13-002) running in an east-west direction for a distance of approximately 918 feet, located in the original Killian’s Park plat and currently being developed as Seabourn Cove – Phase II, zoned PUD (Planned Unit Development). LOCATION OF PROPERTY: West side of S. Federal Highway near Miller Road (Seabourn Cove Phase II) DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “D” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ DATED:__________________________ _____________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Seabourn Cove Phase II\ABAN 13-002\DO.doc NEW BUSINESS 6.B.1 Economic Development and Interim LDR Amendments (CDRV 13-001) Code Review DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 13-009 TO:Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: March 20, 2013 RE: Economic Development and Interim LDR Amendments (CDRV 13- 001) – Approve amendments to the LDR to 1) create Transit Oriented Development Provisions & Minimum Standards; 2) revise applicability of Flood Elevation & Freeboard Standards; and 3) further amend parking requirements in support of Adaptive Reuse projects. OVERVIEW The rewrite of the City’s land development regulations (LDR) allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post-adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons or initiatives: 1. Business and economic development initiatives; 2. Sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendments would further items #1, Business and economic development initiatives, #2, Sustainability initiatives, and #5, by adjusting existing regulations to achieve original or current objectives. - 1- BACKGROUND AND EXPLANATION 1. TOD Provisions and Minimum Standards (also see Exhibits “A” and “B”) Overview: Florida’s coastal communities, including the City of Boynton Beach, tend to have historic downtowns located along the FEC rail corridor, which historically operated as a passenger route through the state. The FEC Railroad’s historic passenger service was terminated in the 1960s, and since that time, Florida’s rapid growth has been characterized by a low-density, sprawling pattern of land development that has produced transportation inefficiencies, constrained mobility, and limited transportation choices. There is a clear relationship between land use and transportation that is evidenced in all patterns of development. Given the high levels of roadway congestion, increasing population, climate change, and constrained financial resources, the state has increased its focus on improving the land use/transportation relationship to improve efficiency and more closely coordinate land development patterns with transportation systems. Transit, especially passenger rail service, has become a high priority in the southeast Florida region. The FEC rail corridor is a defining infrastructure feature of southeast Florida. Although the rail line only carries freight today, there is increasing demand for it to carry passengers as well, especially given the constraint of the state roadway network in the region. Accordingly, for the past eight years, the City has been participating with the Florida Department of Transportation (FDOT) and other agencies to expand the Tri-Rail commuter system to include new service on the FEC. Tri-Rail currently operates on the CSX rail corridor (west of I-95), with a Boynton Beach station at Gateway Boulevard. The expanded service, named the “Tri-Rail Coastal Link,” would add a series of new passenger rail stations on the FEC in Palm Beach, Broward, and Miami-Dade Counties, including a new Boynton Beach station just south of Boynton Beach Boulevard. FDOT and its transportation partners, including the South Florida Regional Transportation Authority (SFRTA), Palm Beach Metropolitan Planning Organization (MPO), Treasure Coast Regional Planning Council (TCRPC), and other local governments and organizations, have all prioritized the need to improve land development patterns in advance of station development for several reasons: (1) transit- oriented development (TOD) improves ridership for transit service, thereby increasing efficiency; (2) transit service increases access to station areas, thereby increasing potential for higher intensity and density land development; (3) TOD equally accommodates all modes of transportation (car as well as pedestrian, bicycle, and transit), further increasing access to station areas and potential for increased development capacity; and (4) TOD encourages a park-once environment, which reduces vehicular demand on the roadway network, further improving efficiency and reducing carbon emissions. Further, Federal funding for transit projects such as the Tri-Rail Coastal Link are highly contingent upon existing and projected TOD patterns around station areas such as the City’s planned rail station. Cities that adopt TOD plans and codes ahead of the planned service help improve the competitiveness of the City and region. - 2- What is TOD: Transit-Oriented Development (TOD) is a land development pattern located within one- quarter to one-half-mile of an existing or planned transit station. Such developments are recognized by Florida Statues, and specifically defined to consist of “compact, moderate to high density developments, of mixed-use character, interconnected with other land uses, bicycle and pedestrian friendly” and is designed to support frequent transit service. (Chapter 163, F.S.). The most significant features of a TOD are (1) increased density and intensity of development, with minimum levels of development recommended by FDOT; (2) walkability and interconnectivity throughout the area; and (3) mix of uses appropriate to the service and area. TOD Code Amendments: The City’s land development code already contains several mixed-use zoning districts that provide the appropriate mix of uses and development design standards for TOD; however, they do not provide sufficient minimum densities and intensities consistent with the state’s recommendations. To begin phasing in such provisions, the proposed code amendments include new terms and definitions, supportive descriptions including necessary wording added to the Purpose and Intent sections, and most importantly, minimum density and intensity standards consistent with state guidance for the quarter- mile TOD district in which the City’s future passenger rail station will be located. As the City conducts its ongoing review of the Comprehensive Plan and changing land development conditions, staff will prepare appropriate TOD amendments to further reinforce this desired and necessary development pattern in conjunction with the City’s future station. For example, subsequent amendments may include additional TOD provisions applicable to parking requirements. Lastly, to allow greater design flexibility, staff recommends that the sky exposure plane requirements of Chapter 4, Article III, Section 5.C.1 be replaced with more general and performance-based standards emphasizing traditional building architecture. Such traditional design includes a hierarchy represented by three components of a building, including the “base”, the “middle”, and the “top”. The visual value (and functional value with respect to the streetscape) of a building is measured and achieved through proper design of each component through human scale and “friendliness”, appropriate traditional materials, architectural rhythm, classical vertical proportions, appropriate “solid to void” ratio, and uniqueness. The “base” should be characterized by having all elements compliment the pedestrian environment to which it is exposed, including windows (allowing internal views), entries, porte-cocheres, canopies, awnings, courtyards, and elements of pedestrian interest such as retail stores, storefront show windows and landscape elements. The height of the base is typically proportionate to the overall height of the streetwall, and in taller streetwalls may typically include two floors (three floors in the MU-H District) to five floors. The “middle” of the building should include the expression of the primary building uses. - 3- The “middle” of the building should include multiple architectural rhythms derived through step-backs, changes in plane, changes in materials or colors, window types, window sizes, pairing or multiples of windows, oriel windows and by shutters and other detailing.Typically there should be more solid wall than window opening to maintain the traditional character. Mirrored and/or deeply colored glass should be avoided, as well as horizontal banding of windows and/or a regular horizontal expression of floor slabs. The “top” of a building tower terminates the building at the sky, and defines a skyline. Towers should be placed to allow views between towers and allow sunshine to penetrate to the lower building levels and the street below. The building top achieves its character though the design of cornices, step backs, changes in scale, geometric elements and materials or textures. These traditional design characteristics will be used to create the appropriate code text and inserted into Article III prior to adoption. 2. Flood Elevation and Freeboard Requirements (also see Exhibit “C”) For a community to participate in the National Flood Insurance Program (NFIP), it must adopt and enforce floodplain management regulations that meet or exceed the minimum NFIP standards and requirements. These standards are intended to prevent loss of life and property, as well as economic and social hardships that result from flooding. Chapter 44 of the Code of Federal Regulations (44 CFR) requires that all new construction and substantial improvements of residential structures located within the floodplain (e.g., Special Flood Hazard Area) shall be elevated to the base flood elevation (BFE), which is the point in elevation that surface water resulting from a flood has a one (1) percent chance of equaling or exceeding that level in any given year. The BFE is the national standard used by the NFIP and all federal agencies for the purposes of requiring the purchase of flood insurance and regulating new development. The City of Boynton Beach participates in the NFIP and regulates structures in the floodplain in accordance with 44 CFR. While not required by the NFIP, each community is encouraged by FEMA to adopt higher regulatory standards, such as the freeboard requirement. Freeboard is simply requiring structures to be elevated above the BFE. FEMA recommends a freeboard requirement of at least 12 inches to account for the one- foot rise built into the concept of designating a floodway and the encroachment requirements where floodways have not been designated. The City adopted one (1)-foot freeboard provisions and codified it in the 1) Boynton Beach Amendments to the 2010 Florida Building Code; and 2) Part III (LDR), Chapter 4, Article X Flood Prevention Requirements. The LDR was rewritten in 2010, in part, to be more intuitive and user-friendly for property owners and their design professionals and contractors when planning to make building and site improvements. Freeboard requirements often play a significant role in site development, and to avoid confusion and future conflict between the LDR and - 4- Administrative Amendments to the Florida Building Code (FBC), staff is looking to consign the freeboard provisions to the LDR only and to remove them from the Boynton Beach Amendments to the 2010 FBC. In addition to this code consolidation effort, staff is initiating a change to the freeboard requirements with respect to how proposed building additions and/or substantial improvements are regulated. It is the opinion of staff that the current provisions are too onerous and have placed a financial hardship on property owners who desire to make substantial improvements. For example, staff has recently experienced a situation where a property owner wanted to expand the floor area of an existing home located in a flood zone. Any new building addition is required to comply with the freeboard provisions, and the cost of construction was such that the project would have been categorized as a substantial improvement. As a substantial improvement, the freeboard requirements compel the property owner to not only elevate the proposed building addition one (1)-foot above the BFE, but the existing home as well. With a down economy in recent years, the cost of construction has not decreased commensurate with the decrease in home values, so the likelihood of being classified as a substantial improvement increases. While requiring the building addition alone to be elevated one (1)-foot above the BFE would have resulted in a unique and unorthodox floor plan (and undoubtedly less desirable for the resident), elevating the finished floor of the existing home proved to be too costly and the property owner eventually abandoned the proposal. Like with this case, many home owners abandon plans for planned home expansions/additions, because compliance with the freeboard requirements may be impractical, or is cost-prohibitive. To help alleviate this type of situation from occurring in the future, staff is recommending the freeboard requirements for additions and/or substantial improvements be changed to require the existing building to be elevated to the base flood elevation only, which would still be compliance with 44 CFR. New building construction however, would still be required to meet the freeboard provisions and be elevated at least one (1) foot above the BFE. This proposed freeboard amendment is an example of the delicate balancing act that government plays in regulating the manner in which real property is efficiently used and enjoyed as compared with increasing the potential for future risks to life/property. Preparation of these documents has involved the comprehensive and detailed review of the associated land development processes, the applicable standards, and the city department responsible for the administration of such regulations and standards. 3. Parking Requirements Applicable to Adaptive Reuse Projects (also see Exhibit “D”) Staff is proposing amendments to the Land Development Regulations (LDR) involving the reduction of required parking in association with the adaptive reuse of vacant and under-utilized buildings in the downtown area, as an interim measure, to support current CRA initiatives and until such time as the future vision contained within the Downtown Master Plan is realized through planned redevelopment of these parcels. - 5- A staff team, including CRA staff, previously collaborated to establish a list of appropriate uses and development regulations intended to implement the vision contained within the Downtown Master Plan. The vision, in part, involves the creation of a Public Art and Cultural Corridor between the marina/waterfront attractions to the east and the cultural/civic activities to the west on Ocean Avenue. This effort resulted in the adoption of the Ocean Avenue Overlay Zone, which envisions the adaptive reuse of existing buildings and the relocation of historic structures to vacant parcels along Ocean Avenue, in order to create a mix of uses which create a sense of place with small shops and restaurants, arts related businesses and residential uses, all at a pedestrian scale, and contributing to a pedestrian friendly atmosphere. A part of these regulations reduce the parking requirements in an effort to spur reuse of the existing building inventory along the avenue. The former Jones Cottage was relocated downtown and is now The Little House restaurant, the CRA is working with interested parties to bring a tenant to the Magnuson House and plans are being developed for a new public parking lot on the former Jones Cottage site. Staff is now suggesting that some of these same regulations, namely a reduction in required parking, more flexibility in off-site parking regulations and expansion of the area in which the payment-in-lieu-of-parking is allowed, may serve to spur the adaptive reuse of existing buildings along Federal Highway as well as along Boynton Beach Boulevard. These regulations would be applicable to CBD- and C-4-zoned properties rd from approximately SE 3 Avenue to the C-16 Canal fronting on Federal Highway, and those located between Federal Highway and the FEC RR; the C-2-zoned properties fronting on Boynton Beach Boulevard between Seacrest Boulevard and Interstate 95; and the C-3-zoned properties fronting on Boynton Beach Boulevard between Seacrest Boulevard and the FEC RR. Lastly, this amendment is intended to correct an unforeseen error in the previous adoption of the adaptive reuse regulations which inadvertently eliminated the requirement for parking for any building expansions up to 100% within the CBD zoning district or subsequent zoning districts established to supplement or replace the CBD. The proposed amendments would allow for reduced parking requirements more in line with staff’s intent and locational criteria. CONCLUSION / RECOMENDATION Staff is recommending approval of the proposed code amendments. Overall, these amendments encourage compact, Transit Oriented Development and adaptive reuse of buildings downtown; promote both residential and non-residential expansion through reasonable application of the finished floor elevation regulations; promote business/economic development; and simplify regulations thereby making the code more user-friendly. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 13-001 ED & Interim Amendments\CDRV 13-001 Staff Report.doc - 6- EXHIBIT “A” PROPOSED LDR AMENDMENTS 1. Transit Oriented Development (TOD) Provisions and Minimum Standards Part III. Land Development Regulations, Part 1, Art. II. Definitions COMPACT DEVELOPMENT – A development or development pattern consisting of a mix of uses including residential, commercial, office and civic spaces accommodating living, employment, shopping, entertainment, recreation and outdoor socializing all within walking distance. Typical design includes buildings fronting right up to an expanded sidewalk or pedestrian space, shorter blocks and alleys, and innovative and flexible approaches to parking. There is an emphasis on access and proximity to transit, safe and pleasant pedestrian and bicycle circulation, and interconnected streets. Vehicle miles traveled are reduced given the range of resources, services and amenities that are immediately available to residents, visitors and employees. TRANSIT ORIENTED DEVELOPMENT (TOD) – A component of “Compact Development” characterized by moderate to high intensity and density, mixed use development within one-half mile of a transit stop or station designed to maximize walking trips and access to transit and the various uses within the area devoted to “Compact Development”. STATION AREA – A geographic area established for planning and regulatory purposes, and is characterized by “Compact Development” within a one-half mile radius around a transit station. Within the framework of TOD and transit station planning, this area includes the “Transit Core”. TRANSIT CORE – The first one-quarter mile radius, or approximately 125 acres around a transit station characterized by the most intense and dense development, and urban design that promotes efficient and pleasurable pedestrian routes to the transit station and to surrounding resources and nearby destinations. Part III. Land Development Regulations, Part 3, Art. III. Zoning Districts and Overlay Zones Section 5. Mixed-Use (Urban) Districts. A. General. 1. Purpose and Intent . The Mixed-Use (urban) zoning districts are intended to implement the Community Redevelopment Plans, in part, by providing for a mixture of land uses, accommodating varying densities and intensities appropriate for each planning area, and by establishing quality streetscapes and pedestrian environments as part of a compact urban setting.These EXHIBIT “A” districts are also intended to support transit ridership and in particular, the development of transit oriented developments near planned passenger train stops along the FEC Railroad corridor th such as the designated location along NE 4 Street, between Boynton Beach Boulevard and Ocean Avenue. Several standards and requirements of this section are based on proximity to the planned rail station, and location within the Transit Core, which is defined as the area extending one-quarter (1/4) mile from the rail station (see Map # to be determined). To ensure compliance with these regulations, an application for site plan approval shall be required and reviewed concurrently with any request to rezone lands to a Mixed-Use (urban) district. Additional requirements relative to design and compatibility are within Chapter 4, Art. III, Section 3. The objectives of the Mixed-Use (urban) districts are as follows: a. Support and enhance revitalization efforts in the city's traditional commercial core area through the provision of compact, transit-supportive, high density and intensity development; b. Allow for commercial services to be provided to new residential developments in planned locations with appropriate densities, heights, and mixtures of uses; c. Create optimal pedestrian environments and spaces through well located public plazas, expanded public sidewalks, maximized internal and external interconnectivity and appropriate separation from, and design of pedestrian-friendly vehicular circulation areas; d. Allow flexibility in architectural design and building bulk while maximizing compatibility and harmony with adjoining development within the development area; e. Create surrounding areas that complement rather than compete with the downtown; f. Create higher quality environments for residents, businesses, employees, and visitors as determined by how well the urban centers function seamlessly with respect to interconnectivity between the principal uses, activity centers, and transportations systems, forming a cohesive and desirable sense of place. 2. Description of Districts. EXHIBIT “A” a. Mixed Use-Low Intensity 1 (MU-L1). The MU-L1 district implements the Mixed Use (MX) Future Land Use Map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of 20 dwelling units per acre,and a minimum density of 11 dwelling units per acre if located within the Transit Core.This minimum density requirement applies to any such project regardless whether the site is partially or entirely within the Transit Core. A lesser density may be imposed on the MU-L1 district pursuant to the “Locational Requirements for Maximum Height, Density, and Floor Area Ratio” table in Section 5.C below - (Building and Site Regulations). b. Mixed Use-Low Intensity 2 (MU-L2). TheMU-L2 district implements the Mixed Use Deleted: (MX) Future Land Use Map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of 30 dwelling units per acre.and a minimum density of 20 dwelling units per acre if located within the Transit Core.This minimum density requirement applies to any such project regardless whether the site is partially or entirely within the Transit Core. A lesser density may be imposed on the MU-L2 district pursuant to the “Locational Requirements for Maximum Height, Density, and Floor Area Ratio” table in Section 5.C below - (Building and Site Regulations). c.Mixed Use-Low Intensity 3 (MU-L3). The MU-L3 district implements the Mixed Use (MX) Future Land Use Map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of 40 dwelling units per acre. and a minimum density of 30 dwelling units per acre if located within the Transit Core.This minimum density requirement applies to any such project regardless whether the site is partially or entirely within the Transit Core. A lesser density may be imposed on the MU-L3 district pursuant to the “Locational Requirements for Maximum Height, Density, and Floor Area Ratio” table in Section 5.C below - (Building and Site Regulations). d.Mixed Use-High Intensity (MU-H). The MU-H district implements the Mixed Use-Core (MX-C) Future Land Use Map (FLUM) classification of the EXHIBIT “A” Comprehensive Plan and has a maximum residential density of 80 dwelling unit per acre.,and a minimum density of 40 dwelling units per acre if located within the Transit Core.This minimum density requirement applies to any such project regardless whether the site is partially or entirely within the Transit Core. A lesser density may be imposed on the MU-L1H district pursuant to the “Locational Requirements for Maximum Height, Density, and Floor Area Ratio” table in Chapter 3, Section 5.C below - (Building and Site Regulations). The intent of this district is to supplant the Central Business District (CBD) in the historic downtown and marina district. 3. PrerequisiteLocation Standards. a. General. The Mixed Use (urban) districts are optimum when there are opportunities to promote sustainableility design with respect to land use, energy conservation, resource management, and social equity. Rezoning to any of these districts is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure, public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. The mixed use (urban) zoning districts shall be applied to selected geographic areas, east of I-95, where a mixture of uses and building densities is intended tofurther to carry out elements of the City's Comprehensive Plan and redevelopment plans, including goals involving compact design,transit oriented development, employment, population, transportation, housing, public facilities, and environmental quality. Regulations for the planning areas are implemented through four (4) zoning districts: Mixed Use-Low Intensity 1 (MU-L1), Mixed Use-Low Intensity 2 (MU-L2), Mixed Use-Low Intensity 3(MU-L3), and Mixed Use-High Intensity (MU-H). Permitted uses and associated standards for development vary between the zoning districts each reflecting the importance of the district's location and its relationship to the downtown. Maximum heights, densities, and intensities of development are regulated according to the classification of the roadway that abuts the projectthe frontage,and based on of the property, and proximity to the transit core and existing single-family zoning districts. EXHIBIT “A” b. All Mixed Use-Low Intensity Districts. Mixed Use-Low Intensity 1 (MU-L1), Mixed Use-Low Intensity 2 (MU-L2), and Mixed Use-Low Intensity 3 (MU-L3). (1) In order to complement the revitalization efforts in the downtown area, the MU-L Zoning Districts shall only be applied to lands consistent with the Comprehensive Plan and respective redevelopment plans peripheral to the downtown areaandwhich are classified as Mixed Use (MX) on the Future Land Use Map.Such areas are generally described as Woolbright Road between I- 95 and the FEC RR, Boynton Beach Boulevard st between I-95 and NW 1 Street, Martin Luther thth King Jr. Blvd., SE 4 Street south to SE 5 Ave., thst and Ocean Avenue between SE 4 St. and SE 1 St. See the respective redevelopment plan for specific recommendations on locations and boundaries. (2) The MU-L Districts are appropriate for low- to mid-rise developments that provide for medium density residential usesand low intensity commercial and office uses. (3) The review of these applications will emphasize compactness, aesthetics and design quality, and physical compatibility with adjacent land uses. (4) Except where limited by Table 3-21, Aall new developments within thiseMU-L1 and MU-L2 districts that contain a non-residential use mix of uses shall front on streets designated as "arterial", or "collector", or "local collector" roadways on the Functional Classification of Roadways Map and shall contain a mixture of retail commercial, office and/or residential uses, which may be arranged either vertically or horizontally.All Those projects (including those within the MU-L3 District) proposed within the Transit Core must contain a residential component, and those projects that front on an arterial road must have space on the first floor devoted to commercial use. EXHIBIT “A” (5) Maximum Hheight restrictions and densities may be further limited in certain geographic areas to further applicable redevelopment plans and maintains compatibility with an abutting single- family district. c. Mixed Use-High Intensity (MU-H). (1) The Mixed-Use High Intensity (MU-H) district shall only be applied to lands classified as Mixed Use-Core (MX-C) on the Future Land Use Map. (2) The MU-H district is appropriate for high intensity developments intended for the downtown area, which is generally located east of the FEC Railroad including the Marina District, and which extends out from the planned train station by approximately 3 to 4 blocks. Such developments include a mix of provide for high density residential uses primarily designed in a compact vertical style.addition to retail commercial and office uses. Developments proposed within the entire Station Area must contain a residential component and have space on the first floor devoted to commercial uses for those portions of the project that have frontage along an arterial road and Ocean Avenue. (3) All new developments within this district shall front on streets designated as "arterial" or "collector" roadways on the Functional Classification of Roadways Mapand shall contain a mixture of retail, office and / or residential uses arranged either vertically or horizontally.Single- use projects fronting on streets other than “arterial” or “collector” shall require conditional use approval. d.Rezoning of Single-Family Districts . All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: (1)Height, density and intensity of development based on the roadway frontage; EXHIBIT “A” (2) Ratio of lot frontage to depth that is no more than one (1) foot (frontage) to 1.25 foot (depth); (3)Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and (4)Landscape barriers provided, in accordance with the landscape regulations of this code, where the rezoned property abuts single-family residential zoning. B. Use(s) Allowed. See “Use Matrix, Table 3-28” in Chapter 3, Article IV, Section 3.D. In addition, the following use regulations shall apply with respect to mixed-use developments: 1.Required Frontage. Buildings combining both residential and nonresidential uses are required within the MU-H Zoning District on all properties fronting on arterial roadways. The same shall be permitted and encouraged within the Mixed Use-Low districts. 2.Residential Uses. Residential uses within mixed-use structures shall not be located on the ground floor, which shall be reserved for nonresidential uses 3.Compatibility. Mixed-use projects containing residential components shall include appropriate design, materials, and site layout in order to maximize compatibility with residential uses located on upper floors. See Chapter 4, Article III, Section 3.H for additional community design standards regarding compatibility. EXHIBIT “A” C. Building and Site Regulations. 1. Building and Site Regulation (Table 3-21). MIXED USE, URBAN MU-L1 MU-L2 MU-L3 MU-H Lot Area, Minimum (acres): Public park: N/A N/A N/A N/A All other uses: 0.50 0.7511 12 100 100 150 200 Lot Frontage, Minimum (feet): Structure Height, Minimum 30 30 30 30 (feet): Maximum Building / Structure Height (HT), Density (DU), and Floor-Area-Ratio (FAR): Classification of project frontage on type of roadway: 1453, 14355, 6 HT DU FAR HT DU FAR HT DU FAR HT DU FAR 65 / 75 / 3.0/ 150/ 141415 Arterial: 45 20 1.0 30/40 2.0/2.5 4080 4.0 333,15 1001003.5125 Collector: 45 20 1.0 65 30/40 2.0/2.5 n/a n/a n/a n/a n/a n/a Local collector: 45 20 1.0 45 30/40 2.0/2.5 55 30 3.0 55 60 3.5 4 Local Street: 45 20 1.04530/402.0/2.5 n/a n/a n/a n/a n/a n/a 11 Build-to-line (feet): 10101010 Front abutting a public right-of-way 0 0 0 0 10101010 Rear: 0 0 0 0 10101010 Interior side: 0 0 0 0 Building Setbacks, Minimum 11 (feet): 12 Rear abutting: 78777 Residential single family: 25/ 0 25 25 25 99 Intracoastal waterway: 25 250 0 12 Side abutting: 77, 8777 Residential single family: 25/ 0 25 25 25 Usable Open Space, Minimum 13 2% (square feet): 1.May be reduced if frontage extends from right-of-way to right-of-way. 2.Minimum of 50 feet, if frontage is on a collector/local collector roadway. 3.For property abutting the MU-H district located west of US 1, the area of increases in height, density and FAR shall extend a distance of 100 feet from the MU-H zoning district line and shall require conditional use approval. For properties abutting the MU-H district located east of US 1, the area of increase for height shall extend a distance of 100 feet from the MU-H zoning district line and shall require conditional use approval; however, no increases in density and FAR are allowed. Must also have principal frontage on Arterial roadway. 4.Must also have frontage on local collector or higher roadway classification. 5.Max. ht on any street frontage is 4045 feet. Max. ht. on Intracoastal Waterway is 35 feet. Heights may require reduction where adjacent to a single- family zoning district where necessary to achieve the compatibility requirements of these regulations. 6.Max. ht. reduced to 125 feet for entire project where property abuts any MU-L or residential zoning district not separated by a right-of-way . 7.Plus one additional foot for each foot of height over 35 feet. 8.Where there is an intervening right-of-way of at least 40 feet. 9.Subject to permitting agency approval. 10.Buildings and structures shall be located no father than zero (0) feet from the property line, excluding those instances where strict adherence hereto would cause visual obstructions to vehicular traffic, particularly within the triangular-shaped area of property formed by the intersection of two (2) rights-of-way. See Section 5.C.2 below for additional relief provisions from build-to-line requirements. 11.Listed eligible Historic structures are not required to meet these standards. 12.The ultimate setback is also a factor of height and application of the Sky Exposure Plane in accordance with Section 5.C.3 below. 13.Usable open space shall be required for all developments two (2) acres in size or larger. A minimum of two percent (2%) of the site shall be devoted to usable open space, consisting of plazas or public open space, excluding private recreation. See Ch. 4, Art. III, Sect. 8. for additional regulations. 14.Projects within the Transit Core shall have minimum densities as follows: MU-1 – 11; MU-2 – 20; MU-3 – 30 and MU-H – 40 dwellings per acre (except that minimum density for the MU-H District applies to projects located within the entire Station Area). 15.Projects within the Transit Core shall have a minimum F.A.R. as follows: MU-L3 – 1.75 and MU-H – 2.5 (except that minimum F.A.R. for the MU-H District applies to projects to be located within the entire Station Area). EXHIBIT “A” 2. Minor and Major Variations to Build-to Line Requirements. Notwithstanding the required build- to line requirement of Note #10 above, portions of buildings and structures may be constructed in excess of the distance specified in the above table, but not to exceed 15 feet in order to 1) optimize landscape design; 2) maximize on-site drainage solutions; 3) accommodate architectural features and building enhancements; or 4) to otherwise enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas in order to further the purpose and intent of the Overlay Zone. Major deviations from the build-to line requirement above (in excess of 15 feet) may be allowed, but only with sufficient justification and contingent upon the approval of a Community Design Appeal application (see Chapter 2, Article II, Section 4.B). 3.Sky Exposure Plane. (1)No building shall exceed the maximum height limits or the Sky Exposure Plan except as delineated below in Section (3). (2)All buildings abutting a public right-of-way or peripheral to the development shall be built within the Sky Exposure Plane based on the ratio and street classification as follows; Zoning District Maximun height of Arterial or Collector Other Streets or frontage wallStreetperipheral Vertical Horizontal Vertical Horizontal DistanceDistanceDistanceDistance MU-H 40’ 5.7 to111.4 to 1 MU-L3 40’4 to 1 8 to 1 MUL-2 40’3 to 1 6 to 1 MU-L1 35 1 to 1 2 to 1 EXHIBIT “A” (3)The following shall be deemed as allowable exceptions to the maximum height limits and Sky Exposure Plane requirements: (a) Balcon(a)Balconies, unenclosed; (b)Elevator or stair bulkheads, screened HVAC equipment; (c)Ornamental towers having no floor area in any portion above the maximum height limit or Sky Exposure Plane; (d)Parapet wall, not more than five (5) feet in height. Part III. LDR, Chapter 4, Art. III, Section 3. Community Design Standards. H. Mixed-Use Developments. 2. Building Location. Within mixed-use and non- residential developments, structures proposed along arterial roadways shall be required to occupy the entire length of the street frontage, notwithstanding adjustments for cross-visibility, driveways, and open areas devoted to public gathering or pedestrian circulation areas set aside for side corner yard setbacks and driveways needed to access the rear of the property. This building location requirement along the arterial roadway only applies to new construction or major site plan modifications to existing developments. Also see Chapter 4, Article II, Section 4.B.5 for additional streetscape design requirements. EXHIBIT "B" PROPOSED TRANSIT-ORIENTED DEVELOPMENT AREA NW 12TH AVE NE 11TH AVE NW 11TH AVE MARTIN LUTHER KING JR BLVD NE 8TH AVE NE 7TH AVE STATION AREA Future Station TRANSIT CORE SE 2ND AVE EDITH AVE q R-3 SE 10TH AVE RR--33 03757501,1251,500187.5 Feet EXHIBIT “C” PROPOSED LDR AMENDMENTS 2.Flood Prevention Requirements – Finished Floor Elevation and Freeboard Standards Sec. 1. General. A.Short Title. This article shall hereafter be known and cited as the "City Flood Prevention Code." B.Purpose and Intent. It is the purpose of this article to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas. 1. Objectives. The specific objectives of this article are: a. To protect human life and health; b. To minimize expenditure of public money for costly flood-control projects; c. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; d. To minimize prolonged business interruptions; e. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; f. To help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood-blight areas; and, g. To insure that potential homebuyers are notified that property is in a flood area. 2. Methods of Reducing Flood Loss. In order to accomplish its objectives, this article includes methods and provisions that are designed to: a. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; b. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; c. Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of flood waters; d. Control filling, grading, dredging and other development which may increase erosion or flood damage; and e. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. C.Administration. EXHIBIT “C” 1. Administrator. The Building Official shall have the authority to interpret and administer this article. 2. Duties. Duties of the administrator or his designee shall include, but not be limited to: a. Review all development permits to assure that the permit requirements of this article have been satisfied. b. Advise permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of such permits be provided and maintained on file with the development permit. c.Notify adjacent communities and the state department of community affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). d. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. e. Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in accordance with Chapter 2, Article IV, Section 2. f. Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood proofed, in accordance with Chapter 2, Article IV, Section 2. g. In coastal high hazard areas, certification shall be obtained from a registered professional engineer or architect that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash. h. In coastal high hazard areas, the administrator shall obtain certification for the adequacy of breakaway walls in accordance with Section 3.C.8. below. i. When flood proofing is utilized for a particular structure, the administrator shall obtain certification from a registered professional engineer or architect. j. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Chapter 1, Article VII, Section 1.D.2. k. When base flood elevation data has not been provided in accordance with Section 1.D. below, the administrator shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state, or other source, in order to administer the provisions of Section 3 below.The finished floor elevation of all habitable space in new construction, not located in a flood zone, shall be elevated a minimum of twelve (12) inches above the crown of any adjacent roadway. l. All records pertaining to the provisions of this article shall be maintained in the Department of Development and shall be open for public inspection. EXHIBIT “C” D.Applicability. This article applies to all areas of special flood hazard within the jurisdiction of Boynton Beach, Florida. Those areas are identified by the Federal Emergency Management Agency in its Flood Insurance Rate Map (FIRM) 120196 0001-0005, dated September 30, 1982, and any revisions thereto are adopted by reference and declared to be a part of this section. E.Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the regulations and standards contained herein. F.Rules. 1. Compliance. No structure or land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of this article and other applicable regulations. 2. Abrogation. This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 3. Interpretation. In the interpretation and application of this article all provisions shall be: a. Considered as minimum requirements; b. Liberally construed in favor of the governing body; and c. Deemed neither to limit nor repeal any other powers granted under state statutes. G.Conflict. Whenever the regulations and requirements of this Code conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply, unless otherwise stated herein. H.Relief from Requirements. Unless described otherwise, any deviation from the flood prevention regulations contained herein shall require approval of variance application, which is subject to review and approval by the Building Board of Adjustment and Appeals. A request for a variance shall be reviewed in accordance with Chapter 2, Article IV, Section 4. I.Warning and Disclaimer. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the city, or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. Sec. 2. City Approval Required. Flood zone elevation certification shall be required for improvements in applicable flood zones, and reviewed in accordance with the procedures set forth in Chapter 2, Article IV, Section 2 for any type of building permit application that upon its completion, would result in the issuance of a certificate of occupancy. EXHIBIT “C” Sec. 3. Requirements. A.Areas of Special Flood Hazard. In all areas of special flood hazard the following provisions are required: 1. Anchors. a. New Construction and Substantial Improvements. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. b. Manufactured Homes. Manufactured homes shall be anchored to prevent flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces. 2. Materials. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 3. Design. a. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. b. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. c. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. d. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. 4. On-Site Waste Disposal Systems. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 5. Miscellaneous. Any alteration, repair, reconstruction or improvements to a structure which are in compliance with the provision of this article, shall meet the requirements of "new construction" as contained in this article. 6.Flood Elevation Data Provided. Higher Regulatory Standards/Freeboard Requirements. In all areas of special flood hazard where base flood elevation data has been provided as set forth in this article, the following provisions are required: a. Residential Construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or twelve inches above the base flood elevation. Additions and/or substantial improvements of any residential structure shall have the lowest floor, including basement, elevated to the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Section 3.A.6.c. below. EXHIBIT “C” b. Non-Residential Construction. New construction or substantial improvement of any commercial, industrial, or other non-residential structure shall have the lowest floor, including basement, elevated to the level of twelve inches above the base flood elevation. Additions and/or substantial improvements of any commercial, industrial, or other non- residential structure shall have the lowest floor, including basement, elevated to the base flood elevation. Structures located in all A-zones may be flood proofed in lieu of being elevated provided that all areas of the structure below the required elevation are watertight and with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided as set forth in Chapter 2, Article IV, Section 2.B. The finished floor elevation of all habitable space in new construction, not located in a flood zone, shall be elevated a minimum of twelve (12) inches above the average crown height of the adjacent roadway. The finished floor elevation of all habitable space in additions and/or substantial improvements, not located in a flood zone, shall be no lower than the existing finished floor elevation. c. Elevated Buildings. (1) New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: (a) Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding; (b) The bottom of all openings shall be no higher than one (1) foot above grade; and (c) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. d.Electrical, plumbing and other utility connections are prohibited below the base flood elevation; e. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and f. The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. B.Floodways. The following provisions shall apply to floodways within areas of special flood hazard established hereinbefore: 1. Prohibit encroachments including fill, new construction, substantial improvements, and other development unless certification (with supporting technical data) by a Florida registered engineer is provided demonstrating that encroachments shall not result in any increase EXHIBIT “C” in flood levels during occurrence of the base flood discharge. 2. If Section 3.B.1. above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article. 3. Prohibit the placement of any manufactured homes (mobile homes) except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards and elevation standards outlined hereinbefore are met. C.Coastal High Hazard Area (V Zones). Located within the areas of special flood hazard established herein are areas designated as coastal high hazard areas. These areas have special flood hazards associated with wave wash; therefore, the following provisions shall apply: 1. All buildings or structures shall be located landward of the reach of the mean high tide and the Coastal Construction Line. 2. All buildings or structures shall be elevated so that the lowest supporting member (excluding pilings or columns) is located no lower than the base flood elevation level, with all space below the lowest supporting member open so as not to impede the flow of water. Open lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action. 3. All buildings or structures shall be securely anchored on pilings or columns. 4. All pilings and columns and the attached structures shall be anchored to resist flotation, collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all building components. The anchoring and support system shall be designed with wind and water loading values which equal or exceed the one hundred (100)-year mean recurrence interval (one percent (1%) annual chance flood). 5. A Florida registered engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in Sections 3.C.2. through 4. above. 6. No fill shall be used as structural support. Non-compacted fill may be used around the perimeter of a building for landscaping/aesthetic purposes provided the fill will wash out from storm surge, (thereby rendering the building free of obstruction) prior to generating excessive loading forces, ramping effects or wave deflection. The Department of Development shall review design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect and/or soil scientist, which demonstrates that the following factors have been fully considered: a. Particle composition of fill material does not have a tendency for excessive natural compaction; b. Volume and distribution of fill will not cause wave deflection to adjacent properties; and c. Slope of fill will not cause wave run-up or ramping. 7. There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage. EXHIBIT “C” 8. Lattice work or decorative screening shall be allowed below the base flood elevation provided they are not part of the structural support of the building and are designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used and provided the following design specifications are met: a. No solid walls shall be allowed; and b. Material shall consist of wood or mesh screening only. 9. If aesthetic lattice works or screening are utilized, such enclosed space shall not be used for human habitation. 10. Prior to construction, plans for any structure that will have lattice work or decorative screening must be submitted to the development department for review. 11. Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring and elevation standards of this chapter are met. 12. Any alteration, repair, reconstruction or improvement to a structure shall not enclose the space below the lowest floor except for lattice work or decorative screening, as provided for in Section 3.C.8. and 9. above. D.Areas of Shallow Flooding (AO) Zones). Located within the areas of special flood hazard established in Section 1.FD. are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: 1. Residential Structures. All new construction and substantial improvements of residential structures, and services systems shall have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, of new construction shall be elevated at least two (2) feet above the highest adjacent grade or average crown of road, whichever is higher. For additions and/or substantial improvements the lowest floor, including basement shall be no lower than the existing finished floor elevation. 2. Non-residential Structures. All new construction and substantial improvements of non-residential structures shall: a.Have the lowest floor, including basement and services systems elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, of new constructionshall be elevated at least two (2) feet above the highest adjacent grade or average crown of road, whichever is higher. For additions and/or substantial improvements the lowest floor, including basement shall be no lower than the existing finished floor elevation. b.Be completely flood proofed to or above that level so that any space below that level has watertight walls substantially impermeable to the passage of water; EXHIBIT “C” structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and utility and sanitary facilities completely flood proofed. E.Subdivision Standards. The following provisions shall apply for all subdivision proposals: 1. All subdivision proposals shall be consistent with the need to minimize flood damage. 2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. 3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. 4. Base flood elevation data shall be provided for subdivision proposals and other proposed development which contains more than fifty (50) lots or is larger than five (5) acres. F.Small Streams. Where small streams exist, but where no base flood data has been provided or where no floodways have been provided, the following provisions apply: 1. Encroachments. No encroachments, including fill material or structures, shall be located within a distance of the stream bank equal to five (5) times the width of the stream at the top of bank or twenty (20) feet on each side from top of bank, whichever is greater unless certification by a Florida registered engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 2. Construction and Improvements. New construction or substantial improvements of structures shall be elevated or flood proofed in accordance with elevations established in accordance with Section 1.C.2.k. above. Sec. 4. Penalties. The city or any other legal authority shall enforce any violation of this article pursuant to the penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development Regulations. EXHIBIT “D” PROPOSED LDR AMENDMENTS 3. Parking requirements applicable to adaptive reuse projects Part III. LDR, Ch. 4, Art. V. Minimum Off-Street Parking Requirements Sec. 2. Standards, A. 3. Location of Off-Street parking Areas. b.Amend to read – Non-residential. Required parking spaces for all non-residential uses shall be owned by the owner of the building or lot to be served, and shall be located on the same lot, or not more than three hundred (300) feet distance, as measured along the nearest pedestrian walkway unless the property is located within those areas defined within the Adaptive Re-use section of the code (Chapter 4, Article 5, Section 4). In those areas, required parking spaces may be leased within 300 feet of the use in which they serve, subject to Board and City Commission approval, and the property shall be posted with signage indicating to patrons the location of the leased parking. Part III. LDR, Ch. 4, Art. V, Sec. 2. C (Minimum Off-Street Parking Requirements) Table 4-3. Commercial and Health Care/Office Uses Amend footnote #2 – Indoor child play areas shall be excluded for this purpose if such areas are designed/delineated separate from dining areas and if twenty percent (20%) or less than the gross floor area of the restaurant. No additional parking spaces are required for outdoor seats associated with a standalone business provided that the number of outdoor seats is twenty percent (20%) fifty percent (50%) or less than the total number of indoor seats. Additional parking spaces shall be required for outdoor seats in excess of this threshold. For multi-tenant and shopping center developments, no additional parking shall be required for outdoor seating. Part III. LDR, Ch. 4, Art. V, Sec. 3. Special Reductions in Req’d Off-Street Parking. E.Payment in Lieu of Parking . The payment in lieu of parking option is applicable within the Central Business District (hereinafter CBD) or subsequent zoning districts established to supplement or replace the CBD, and properties, and property assembled with properties as one site, that front on that segment of Ocean Avenue extending west from the CBD to Seacrest Boulevard and those areas described under Section 4. “Exceptions to Providing Required Off-Street Parking”, A. “Adaptive Re-Use”, below. 1.Applicability. Within this these areas, at the time of any new building construction, off-street parking spaces shall be provided as required by this article and Chapter 3, Article III, Section 3.E. 2. Fee (Method of Assessment). Up toten percent (10%) of the required parking for new construction and twenty-five percent (25%) of the parking required under EXHIBIT “D” the Adaptive Re-use provisions below in Section 4, as set forth in this subsection, may be satisfied in whole or part by the payment of a nonrefundable parking improvement fee in lieu of the provisions of the required off-street parking spaces. Parking improvement fees shall be assessed as follows: The engineer for the applicant shall submit a signed and sealed cost estimate for the construction of structured parking spaces. The estimate shall be broken down by individual spaces, including design, land, and construction cost. If necessary, an outside professional may be retained by the City to review the applicant’s cost estimate. The applicant shall pay the retainer fees associated with the review of the cost estimate by the City’s consultant. Once reviewed and accepted by the City Engineer or designee, the parking improvement fee in the amount of 110% of the estimate shall be paid to the City in full, prior to the issuance of the first building permit for the project. Parking improvement fees shall be paid into the City of Boynton Beach Parking Trust Fund, and are subject to use by the City for parking related improvements in the geographic areas to which this subsection applies. 3. Additional Requirements. Whenever a payment in lieu of parking is authorized and accepted, the following additional requirements shall apply: a. Any off-street parking arrangement satisfied in this manner shall run with the land, and any subsequent change of use which requires more parking shall require recalculation of the payment in lieu of parking fee. b. No refund of payment shall be made when there is a change to a use requiring less parking. 4. Parking Trust Fund. In addition to land acquisition and the construction of parking spaces, the funds collected may be used to inform the public about parking resources or transit programs, as well as to promote alternative programs intended to alleviate parking congestion, such as the use of the City’s a trolley or shuttle system or the construction of bicycle lane facilities. F.Ocean Avenue Overlay Zone. See Chapter 3, Article III, Section 8.D for specific additional off-street parking provisions regarding the Ocean Avenue Overlay Zone. Part III. LDR, Ch. 4, Art. V. Minimum Off-Street Parking Requirements Section 4.Exceptions to Providing Required Off-Street Parking. A. Adaptive Re-Use EXHIBIT “D” 1. Applicability . The following described areas shall be eligible for specific parking reductions based upon adaptive re-use, including modifications, of existing buildings: For existing structures within the Central Business District (CBD) or subsequent zoning districts established to supplement or replace the CBD, and any parcel or parcels of land assembled by unity of title located within the Ocean Avenue Overlay Zone (OAOZ), no additional parking shall be required where: a. Ocean Avenue Overlay Zone (OAOZ), as defined in Chapter 3, Article III, Section 8.D. No additional parking shall be required where: 1. The structure is enlarged in a manner not exceeding a cumulative total of one hundred percent (100%) of the existing gross floor area; or 2. The capacity of the structure is increased by adding subordinate dwelling units, or floor area within the existing building envelop, or seats; or 3. The use of a structure is changed.; or 4. The number of seats for eating and drinking establishments is increased by up to 50% of the existing total or up to 40 seats are provided where the previous use had none. b. CBD andC-4 parcels fronting on Federal Highway and those located between Federal Highway and the FEC RR right-of-way, C-2 parcels fronting on Boynton Beach Boulevard between Seacrest Boulevard and I- 95 and C-3 parcels fronting on Boynton Beach Boulevard between Seacrest Boulevard and the FEC RR right-of-way. A reduction of 50% of the required parking, up to a maximum of ten (10) parking spaces, may be granted where: 1. The structure is enlarged in a manner not exceeding a cumulative total of one hundred percent (100%) of the existing gross floor area; or 2. The capacity of the structure is increased by adding subordinate dwelling units, or floor area within the existing building envelop; or 3. The use of a structure is changed; or EXHIBIT “D” 4. The number of seats for eating and drinking establishments is increased by up to 50% of the existing total or up to 40 seats are provided where the previous use had none. 2. Exemptions. The provisions of this subsection do not apply to the following uses: a. Multi-family residential uses and structures and Group Homes. b. Churches, temples and other places or worship. c. Theaters, auditoriums, meeting halls, and other places of assembly. d. Clubs, lodges and fraternal organizations. e. Hotels and Motels f. Schools and Daycare 3.Additional Requirements/Restrictions. The following requirements and restrictions are applicable to all properties considered under the Adaptive Re-use provisions above: a.Required parking spaces may not be eliminated to accommodate building expansions. b. Parking spaces that back out onto collector or arterial roadways shall be removed as part of any site improvements utilizing these Adaptive Re-use provisions. c. Required parking spaces may be leased within 300 feet of the use in which they serve, subject to Board and City Commission approval, and the property shall be posted with signage indicating to patrons the location of the leased parking. Part III. LDR, Ch. 4, Art. VI. Parking Lot, Vehicle Use Areas, and Loading Standards, Sec. 4. Community Design, D. 2 c. Amend to read – Lease Arrangements. Lease arrangements to provide required parking spaces shall be subject to approval by the applicable advisory board after review and recommendation by staff. Within the areas defined in the Adaptive Re-use section of the code (Chapter 4, Article 5, Section 4), required parking spaces may be leased within 300 feet of the use in which they serve, subject to Board and City Commission approval, and the property shall be posted with signage indicating to patrons the location of the leased parking.