14-009 1 ORDINANCE NO. 14 -009
1
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3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
4 OF BOYNTON BEACH, FLORIDA AMENDING THE LAND
DEVELOPMENT REGULATIONS TO MODIFY THE MINIMUM
FLOOR AREA RATIO (FAR) FOR PROJECTS ZONED MIXED
t7 USE -HIGH (MU -H); PROVIDING FOR CONFLICTS,
' SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
11
1 WHEREAS, staff is proposing amendment to the Land Development Regulations
1 (LDR) to reduce the minimum floor area (FAR) ratio from 2.5 to 2.0 for projects zoned
113 MU -H in the Downtown Transit - Oriented Development (TOD) District; and
14 WHEREAS, the current minimum FAR of 2.5 was arrived at by staff through the
i ! analysis of existing projects; and
1l WHEREAS, in the course of work on TOD- related Comprehensive Plan
1 amendments, staff reviewed recommendations provided by the Florida TOD
131 Development Guidebook for three types of transit centers; and
I ,
1 } WHEREAS, the recommendation would bring the minimum FAR for MU -H
2 ) district in line with the Guidebook's recommendations for a Community Center, a model
21 comparable to the intended scale of the Boynton Beach TOD District; and
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22 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
2 the best interest of the citizens and residents of the City to amend the Land Development
2 Regulations to amend provisions in the supplemental regulations for electric vehicles,
2 amending definitions pertaining to electric vehicles and amending provisions for signs
2 I commonly associated with electric vehicles.
217 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
2,3 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21a Section 1. The foregoing whereas clauses are true and correct and are now
1
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i
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p ; ratified and confirmed by the City Commission.
Section 2. The City of Boynton Beach Code of Ordinances, Part III, Land
i
-, Development Regulations, is hereby amended by adding the words and figures in
underlined type and deleting the words struck through in the attached Exhibit "A"
Section 3. Should any section or provision of this Ordinance or any portion
5 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
7 not affect the remainder of this Ordinance.
1;
Section 4. Authority is hereby given to codify this Ordinance.
Section 5. This Ordinance shall become effective immediately.
1 FIRST READING this 17 day of June, 2014.
E' r
6 SECOND, FINAL READING AND PASSAGE this 1 61±" day of J ay ,
i,
121 2014. CITY OF BOYNTO BEACH, FLORIDA
111 ,..a At/ �t�
14' ' .r- . /err? .,ylp,
1. ti t
1 ice i ayor - Joe Casello
1w i 1 1101
21 Commi- io = .: id T ►. -rker
2 issione
1.
2 - I . _ .- e �
2� Commissioner - Michael . Fit •atr ck
2 ATTEST:
21. VOTE :
2• �. MAYOR TAYLOR AYE
3 `� ,_ VICE MAYOR CASELLO AYE
3 et M. Prainito, MMC COMMISSIONER MERKER AYE
COMMISSIONER MC CRAY AYE
3 G ��" . COMMISSIONER FITZPATRICK AYE
3t�
mill 5 -0
31 " v k
3. oi . ate Se 1
1
EXHIBIT A
PROPOSED CHANGES
C. Building and Site Regulations.
1. Building and Site Regulation (Table 3 -21).
MIXED USE, URBAN MU -L1 MU -L2 MU -L3 MU -H
I
Lot Area, Minimum (acres):
Public park N/A N/A N/A N/A
All other uses 0 50 0 75 1 1
Lot Frontage, Minimum (feet): 100' 100 150 200
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: HT DU FAR HT' DU' 14 FAR' HT DU FAR HT' ` DU FAR
Arterial 45 20 1 0 65 ; 30/40 2 0/2 5 75 / 40i4 3 0/ 150/ 80" 4 0
100 100 3 5 125
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 Street' 45 20 1 0 45 30/40 2 0/2 5 n/a n/a n/a n/a n/a n/a
Build-to-line (feet)n: , ,a'. ..A'' , • s; t } -tea /
Front abutting a public right -ot -way 016 0 10 010 0
0 0 ' 0 0
Interior side 0 0 010 010
Building Setbacks, Minimum I r1. ' _' "'
(feet)':
n.9t.E k. :. �.i:;:•
Rear abutting
Residential single family 25'/ 0 25' 25' 25'
Intracoastal waterway 25 25 0 0
Side abuttmg
Residential single family 25'/ 0 8 25' 25' 25'
Usable Open Space, Minimum
(square feet):
2%
I 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 teet from the MU -H zoning district line and shall require conditional use approval For properties abutting the MU-1 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 height on any street frontage is 45 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 height 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 farther 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
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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- 2 0 (except that minimum F A R
for the MU -H District applies to projects to be located within the entire Station Area)
The above Table 3 -21 (attached as Exhibit A) is also replicated in the overview section
(E. Mixed Use Urban Building and Site Regulations) as Table 3 -4. However, the TOD
amendments adopted in June 2013, which included changes to Table3 -21 (adjusting
parameters of mixed use zoning districts based on classification of project frontage and
adding notes 14 and 15 regarding minimum densities and intensities), inadvertently did
not add same to Table 3 -4, an omission staff proposes to rectify in subject request (see
Table 3 -4, Exhibit B).
-2-
Exhibit A
C. Building and Site Regulations.
1. Building and Site Regulation (Table 3 -21).
MIXED USE, URBAN MU -LI 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 75 1 1
Lot Frontage, Minimum (feet): 100' 100 150 200
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: HT DU FAR HT` DU' '° FAR' HT` DU FAR HTS 6 DU FAR
65 / 75 / 3 0/ 150/ s
Arterial 45 20 1 0 00 30/40 2 0/2 5 100' 40 ,4 3 5' is 125 80 i 4 0
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 Street 45 20 1 0 45 30/40 2 0/2 5 n/a n/a n/a n/a n/a n/a
Build -to -line (feet)":
Front abutting a public right -of -way 0 0 0 0
Rear 0 01° 010 0'0
Interior side 010 0 0 ° 0
Building Setbacks, Minimum
(feet)": '
Rear abutting'` -
Residential single family 25 0 25' 25' 25'
Intracoastal waterway 25
Side abutting''
Residential single family 25 0 25' 25' 25'
Usable Open Space, Minimum
(square feet):
2%
I 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 I, the area of increases in height, density and FAR shall extend a distance of
100 teet trom the MU -H zoning district line and shall require conditional use approval For properties abutting the MU -H district located
east of 11S 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 height on any street frontage is 45 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 height 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 farther 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 111, Sect 8 for
additional regulations
14 Projects within the Transit Core shall have minimum densities as follows MU -I — 11, MU -2 — 20, MU -3 — 30 and MU-11 — 40 dwellings
per acre (except that minimum density for the MU -H District applies to projects located within the entire Station Area)
15 Projects \iithin the Transit Core shall have a minimum F A R as follows MU -L3 — 1 75 and MU -H — 2 0 (except that minimum F A R
for the MU -H District applies to projects to be located within the entire Station Area)
Exhibit B
E. Mixed Use Urban Building and Site Regulations (Table 3 -4).
MU -L I MU -L2 MU -L3 MU -H
Lot Area. Minimum (acres): " i q-, u � , l • • • • Public park N/A N/A N/A
All other uses 0 50 0 75 1
Lot Frontage, Minimum (feet): 100' 100 150
Structure Height, Minimum 30 1 30 30 30
(feet):
Maximum Building / Structure Height (HT), Density (DU), and Floor- Area -Ratio (FAR):
Classification of project frontage -
on type of roadway: HT DU FAR HT' DU' FAR' HT' DU FAR HT' ' DU FAR
Arterial 45 20 1 0 65 75 40- 3 0/ 150/ 80 - 4 0='
100 30!40 2 012 5 100 3 5 125
Collector 45 20 1 0 65 30/40 2 0/2 5 n11 11 v n d n d nia n a
1 - a l - 4.a4 - 4 241 1-14 4 • ; 2 (4 - 2 341 311 se 64" 4-
Local Street 45 20 1 0 45 30/40 2 0/2 5 1 n e ii 0 a n a rra 11 1
Build -to -line (feet)":
Front abutting a public right -of -way 0 0 0 0 0`
Rear 0 010 010 0'°
Interior side 0 0 1 ' 0 0
Building Setbacks, Minimum A e a «� 4 r 11
(feet)": ( t r
Rear abutting i2 � � ° � ,' • _•�
a
Residential single family 25 0 25' 25' 25'
Intracoastal waterway 25 25 0 0
Side abutting' i 11, ):tP*
Residential single family 25 0' P 25' 25' 25'
Usable Open Space, Minimum
(square feet):
2%
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 -14)4 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 protect 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
I 1 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 ii1, Sect 8 for
additional regulations
14 ProjeLt, .vt the 1ran,it (. ore ',hall ila\c n unm.mi aen,L a. Iillow, 511 -1 -11 \I1 -2 - 21) Mt - _- ;i ana VII. -11 - 4 ■hielline,,
Li I au, , e\,ept that 1111141144 4011 dcnvt% for Ole \II! 111)ntri4t ahpne, to pi ojeLl, IULaicd \\ Om the enure ',tal lies
1 Pr je t . 4%10 the 1 ran,it ( ore ,hall lime ,I minimum 1 \ 1■ a, 1,,11,11, 511 -1 *4 - 1 7'1 and Ml_-11- 2 1 ■ te\, opt that 11111111110M 1 \ R for
ill, 511 1 I Untr14t dpplic, to polled, toi hclooaled oiith n tl e ,n \ie,,i