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LEGAL APPROVAL The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 ~t!?:j, W=2 rON €;. July 16, 2003 www.boynton-beach,org Mr. Lawrence Justiz TRG - Boynton Beach, Ltd. 2828 Coral Way - Penthouse One Miami, F: 33145 Re: For: File No. Location: Dear Mr. Justiz: Code Review Boynton Beach Marina CDRV 03-001 743 NE 1" Avenue Enclosed is the City of Boynton Bea2h Ordinance No. 03-015 for application item CDRV 03-001, which represents the requested amendment to the Land Development regulations Chapter 2, Zoning, Section 6.F. MIXED USE ZONING DISTRICTS, TABLE 6-F-1, schedule of permitted principal, accessory and conditional uses, TO INCLUDE, residential, Single-Family, attached use as a permitted use in the Mixed Use-High Intensity (MU-H) zoning district, for the Boynton Beach Marina. The City Commission approved this on May 6, 2003. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742- 6260. Sincerely, ?z-iJe--- Michael W. Rumpf Director of Planning & Zoning MWR:ad Attachment: Ordinance No. 03-015 S:\Planning\SHARED\WP\PROJECTS\BOYNTON BEACH MARINA\CDRV 03-001 \Approval form letter after CC new.doc ORDINANCE NO. 03- 0 1:;)- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 ZONING, SECTION 6.f.l, TO INCLUDE RESIDENTIAL, SINGLE- FAMILY, ATTACHED USE AS A CONDITIONAL USE IN THE MIXED USE-HIGH INTENSITY (MU-H) ZONING DISTRICT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTNE DATE. WHEREAS, the City's Land Development Regulations were amended on June 18, 2002, to adopt zoning regulations for the Mixed Use zoning districts, which include Mixed Use-Low Intensity (MU-L) and Mixed Use-High Intensity (MU-H); and WHEREAS, this amendment will include residential, Single-Family, attached use as a conditional use in the Mixed Use-High Intensity (MU-H) zoning district; WHEREAS, the City Commission deems the adoption of this Ordinance to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2. Zoning Section 6.F. Mixed Use Zoning Districts, Table 6f-l, is hereby amended to include residential, Single-Family, attached use as a conditional use in the Mixed Use-High Intensity (MU-H) zoning district. See attached Exhibit "A". Section 3. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4.. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be reclared by a court of competent jurisdiction to be invalid, such decision shall not affect the S:\CA\Ordinances\LDR Changes\Amending LOR - Section 2 - MUH.doc ! remainder ofthis Ordinance. Section 6. Authority is hereby given to codifY this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this ~ day of April, 2003. SECOND, FINAL READING AND PASSAGE this ~ day of I May, 2003. BEA,eH, FLORIDA ~~ . ~ Vice Ma / Commissioner S:\CA\Ordinances\LDR Changes\Amending LDR w Section 2 w MUH.doc TABLE 6F-l I SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES I USE GROUPfUSE MU-L ZONE MU-H ZONE Residential or Lodl!inl! Use Group Bed and Breakfast C N Hotel C P Home Occupation P P Mobile Home N N Motel N N Residential, Single Family Detached P N Residential, Single Familv Attached P N-C Residential, Multi-Familv P P" Boarding and Rooming House N N (except where provided by state law) Accessory Unit P N Community Facilities Use Group MU-L ZONE MU-H ZONE Government Office/Civic CenterlLibrarv C N Recreation (outdoor) , P N Museum P P House ofWorshio pJ N Police or Fire-Rescue Station p' P Postal Center (retail sales only) C C Post Office P P Public Park P P Public Parking Lot or Garage P P Office Use Groun* MU-L ZONE MU-H ZONE * Not encouraged as a first floor use in the MU-H Zone Banks, Financial Institutions C" C' Medical or Dental Clinic P P Medical or Dental Office P P Physical Theraov Clinic P P Professional Business Office P P Veterinarv Office or Clinic pO N Sales and General Commercial Use MU-L ZONE MU-H ZONE Group* * Where pennilled within the MU-L Zone, only on lots fronting on major arterial roadways. Alcoholic Beverage Package Store pO po Ammunition or Firearm Sale or Rental N N Animal Boarding or Kennel C N TABLE 6F-I SCHEDULE OF PERMITTED PRINCIPAL. ACCESSORY AND CONDITIONAL USES USE GROUP/USE MU-L ZONE MU-H ZONE Residential or Lodging Use Group Bed and Breakfast C N Hotel C P Home Occupation P P Mobile Home N N Motel N N Residential, Sinele Family Detached P N Residential. Single Familv Attached P N-P Residential Multi-Family P p' Boarding and Rooming House N N lexcent where proyided by state lawl Accessorv Unit P N Community Facilities Use Group MU-L ZONE MU-H ZONE Government Office/Civic Center/Librarv C N Recreation (outdoor) P N Museum , P P House ofWorshio p3 N Police or Fire-Rescue Station P' P Postal Center Iretail sales only) C C Post Office P P Public Park P P Public Parkine Lot or Garaee P P Office Use Group* MU-L ZONE MU-H ZONE * Not encouraged as a fust floor use in the MU-H Zone Banks, Financial Institutions C9 C' Medical or Dental Clinic P P Medical or Dental Office P P Physical Therapy Clinic P P Professional Business Office P P Veterinarv Office or Clinic po N ~\'~" S:\CA\Ordinances\LDR Changcs\Amending LDR _ Section 2 - MUH.doc USL JROUPfUSE MU-L ZONE MU-H ZONE Sales and General Commercial Use MU-L ZONE MU-H ZONE Group. * Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways. Alcoholic Beverage Package Store p6 p. Ammunition or Firearm Sale or Rental N N Animal Boarding or Kennel C N , S:\CA\Ordinances\LDR Changes\Amending LOR - Section 2 _ MUH.doc