REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-074
TO:
Chairman and Members
Planning and DeveloP~Board
Michael W. Rumpf \"I.
Director ~~g and Zoning
Dick HuWAICP
Senior Planner
THROUGH:
FROM:
DATE:
March 27, 2003
SUBJECT: CODE REVIEW (CDRV) 03-001
Amend Mixed Use-High Intensity (MU-H) zoning district regulations to
allow Residential Single Family Attached Uses
NATURE OF REOUEST
Mr. Lawrence Justiz, agent for TRG-Boynton Beach, Ltd. is requesting an amendment to
the Land Development Regulations, Chapter 2, Zoning, Section 6.F. MIXED USE
ZONING DISTRICTS, TABLE 6F-1, SCHEDULE OF PERMmED PRINCIPAL, ACCESSORY
AND CONDmONAL USES to include Residential, Single-Family, Attached use as a
permitted use in the Mixed Use-High Intensity (MU-H) zoning district (see Exhibit "A" -
statement of request). The specific location where this would first be applied is the
area that was rezoned to the Mixed Use-High Intensity (MU-H) zoning district on
September 17, 2002, and encompasses the site of the proposed Marina Village at
Boynton Beach (see Exhibit "B" -Location).
BACKGROUND
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). The major purpose of the
amendments was to enable redevelopment efforts in the urban core of the Federal
Highway Corridor Redevelopment Area. The urban core extends along Federal Highway
from Woolbright Road on the south to the Boynton (C-16) Canal on the north. While
the MU-L district allows both single-family attached units and single-family detached
units, as well as multi-family residential development, the MU-H district allows only
multi-family residential development.
The site plan for the proposed Marina Village shows a row of twelve (12) three-story
Page 2
CDRV 03-001
Townhouses in MU-H
townhouses along the south side of the North Marina; since the Marina Village is zoned
Mixed Use-High Intensity (MU-H), this code amendment will be necessary for the
approval of the site plan as presented.
ANALYSIS
The development of the Mixed Use (Mixed Use-Low Intensity (MU-L) and Mixed Use-
High Intensity (MU-H) zoning districts was an implementation measure of the Federal
Hiahwav Corridor Redevelooment Plan. The Mixed Use-High Intensity zoning district
encourages development that is the most intense allowed in the City with residential
densities at a maximum of 80 dwelling units per acre, 85% lot coverage, and a
maximum height of 150 feet. The district is restricted to a very small area that has
been the traditional downtown of Boynton Beach. The intent behind allowing the high
density and intensity of development in this area is "to establish a compactness and
critical mass of development and population to establish the downtown as a destination
area, and to ensure its success and long term viability."
In order to create this critical mass, one of the stated strategies outlined in the Federal
Hiahwav Corridor Redevelooment Plan was to: "Create development standards in the
downtown that require intensity, bulk and building massing to establish the downtown
area as a focal point. Building height at heights greater than that allowed in the
surrounding areas should be encouraged." The area where the Mixed Use-High
Intensity zoning district may be applied contains only approximately 75 acres in the
center of the area of the Federal Highway Corridor. This is a very small portion of the
area, and townhouse developments are permitted throughout the remainder of the
corridor, through either the Mixed Use-Low Intensity (MU-L) zoning district or the Infill
Planned Unit Development (IPUD) district.
Generally, densities for townhouse developments range between 12 and 16 units per
acre, depending on the amenities being provided to the residents. Average height is
three-stories, with some developments reaching four-stories, or approximately 45 feet.
If single-family attached dwellings, or townhouses, become a permitted use in the high-
density and intensity area, the Mixed Use-High Intensity zoning district will no longer
serve to establish the critical mass of population so necessary to underpin the success
of the downtown. This change may also combine a residential use that is less
compatible than multi-family uses in an activity center.
RECOMMENDATION
It is staff's opinion that the existing regulations are established to achieve a specific
purpose: "to establish a compactness and critical mass of development and population
to establish the downtown as a destination area, and to ensure its success and long
term viability." The requested amendment to the zoning regulations for this district will
serve to weaken the code's ability to achieve that purpose. In addition, there are
Page 3
CDRV 03-001
Townhouses in MU-H
sufficient areas elsewhere in the Federal Corridor Redevelopment Area, where
townhouse developments are both permitted and encouraged, that the requested
amendment is not necessary in order to provide a variety of housing types and price
ranges to serve the existing and future population of the City of Boynton Beach. Lastly,
placing townhouses between the marina facilities, which typically attract people, and
the main traffic route further lowers the potential of the proposed Marina project as a
pedestrian-friendly destination. Therefore, staff recommends that the request for code
amendment be denied.
If the CRA or the City Commission approves the request, staff recommends that a
condition be added to limit single family attached units to no more than five percent
(5%) of the total residential units in any single development.
Exhibits
J:\SHRDATA\PlANNING\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV MARINA 03\CDRVSTAFFREPT.DOC
Cd
The Related Group of Florida
2828 Coral Way. Pentholl~e Suite
Miami, Florida 33145
Tel. (305) 460-9900. Fax (3051 460-9911
Exhibit "A"
fDJ~[Gi~r.~rf~rnI
~UL~~
Pl I~!t\'~: ,~,~JJ
litW. - ~PT
March 4, 2003
Mr. Mike Rumph
Director of Planning and Zoning
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
RE: Marina ViIla!!e at Bovnton Beach Request for a Zonin!! Use Amendment to the
Mixed Use Hi!!h Intensity Zonin!! District
Dear Mr. Rumph:
As you know, the site plan we submitted on February 5, 2003 for Marina Village at
Boynton Beach includes twelve (12) townhouse units on the South side of the marina.
Ordinance 02-024, which created the Mixed Use High Intensity Zoning District, does not
permit "Residential, Single Family Attached," or townhouses, within this District.
This letter will serve as our request to the City to amend the Mixed Use High Intensity
Zoning District to allow for the development of "Residential, Single Family Attached"
units. This will allow for our townhouse units, as shown in our current site plan, to be
considered by the CRA and the City Commission as a permitted use.
The only amendment necessary to accomplish this is to change the "N" to "P" in Table
6F-l (row entitled "Residential. Single Family Attached," column entitled "MU-H
Zone,"
Thanks for your assistance, and please call me if you have any questions. My cell phone
is: (786) 236-5328.
Sincerely,
THE RELATED GROUP OF FLORIDA
L
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LBJ:eb
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EXHIBIT "A"
Chapter 2, Sec. 5, Division L shall be known as the "Federal Highway Corridor District."
Sec.5.L 1. Purpose and Intent.
(a) Purpose and Intent. The district is intended to guide development and redevelopment in a logical
hierarchy that will result in the preservation of residential areas while promoting the viability and success of
the downtown. The district is intended to implement the recommendations contained in the Federal Highway
Corridor Community Redevelopment Plan. Specifically, the district is intended to accomplish the following:
1. Result in an improved living and working environment relative to typical highway development
patterns.
2. Enhance the City's tax base by increasing property values through better quality development, and
promoting and assisting the development and redevelopment of the downtown.
3. Encourage the City's development and redevelopment efforts in the downtown by providing a range
of style and size of housing units to attract a support population.
4. Create surrounding areas that complement rather than compete with the downtown area.
5. Encourage visual interest by accenting buildings and visual landscapes rather than parking facilities
and vehicle related uses.
6. Promote land uses that are primarily destination uses rather than those that cater to passing
automobile traffic.
Sec.5.L2. Use Zones.
Uses within the Federal Highway Corridor District are governed by planning areas defined in the Federal
Highway Corridor Community Redevelopment Plan as adopted May 15, 2001. Regulations for the planning
areas are implemented through two "use zones": Mixed-Use (MU) and Mixed-Use Light zones (MU-L).
Permitted uses and associated standards for development vary between use zones, each reflecting the
importance of the zone's location in the corridor and its relationship to the downtown.
Sec.5.L3. Permitted, Restricted and Prohibited Uses.
The following table identifies the permitted, restricted and prohibited uses within the Federal Highway Corridor
District. Uses are classified as Permitted (P), Restricted (R) or Not Permitted (N). Restricted uses are
followed by a numeral that corresponds to a footnote below the table. Each footnote explains restrictions
associated with the use. The Planning and Zoning Director or designee shall have the discretion to permit
uses that are not specifically listed but are similar to uses that are expressly permitted provided, however,
such uses are not expressly identified as conditionally permitted or not permitted in any zoning district within
the City.
USE GROUP/USE MU-L ZONE MU ZONE
RESIDENTIAL OR LODGING USE GROUP
Bed and Breakfast R(8) N
Hotel R(8) P
Home Occupation P P
Mobile Home N N
Motel N N
Residential, Single Family Detached P N
Residential, Single Family Attached P R(1)
Residential, Multi-Family P R(2)
Boarding and Rooming House N N
(except where provided by state law)
Accessory Unit P N
COMMUNITY FACILITY USE GROUP
Government Office/Civic Center/Library P N
Recreation (indoor or outdoor) P N
Museum P P
House of Worship R(3) R(3)
Police or Fire-Rescue Station R(4) P
Post Office Branch R(5) R(5)
Public Park P P
Public Parking Lot or Garage P P
OFFICE USE GROUP
Banks, Financial Institutions R(10) R(10)
Medical or Dental Clinic P P
Medical or Dental Office P P
Physical Therapy Clinic P P
Professional Business Office P P
Veterinary Office or Clinic R(6) N
SALES AND GENERAL COMMERCIAL USE GROUP
Permitted/restricted anywhere within the MU zone; within the MU-L zone only on lots fronting on major
arterials.
Alcoholic Beverage Package Store
Animal Boarding or Kennel
Animal Grooming
Animal Sales
Ammunition or Firearm Sale or Rental
Arts, Crafts, Hobby and Framing
Auction House
Automotive Parts Sales
Automobile Sales
Bakery, Retail
Boat/Marine Sales/Rental
Boat/Marine Accessories
Bookstore
Building Supplies or Materials
Bus Terminal
New Clothing, Shoes or Accessories Boutique
Contractor's Office/Equipment Storage
R(6)
N
N
N
N
R(6)
N
N
R(13)
R(6)
N
R(6)
R(6)
N
N
R(6)
N
N
N
N
N
N
R(6)
N
N
R(13)
R(6)
R(14)
R(6)
P
N
N
R(6)
N
Federal Highway Corridor District
DRAFT afSeptember 1,2001
Page 2
USE GROUP/USE
SALES AND GENERAL COMMERCIAL USE GROUP CON'T.
Coffee Shop
Convenience Store
Custom Furnishings and Antique Stores
Cyber -cafe
Delicatessen
Dive shop and Instruction as Accessory Use
Drug Store or Pharmacy
Grocery Store, Supermarket
Florist
Hardware Store
Health Food Store
Home Improvement Centers
Lumber Yard
Newsstand
Outdoor Storage or Display
Parking Lot for Commercial Vehicles
Parking Lot or Garage, Private Ownership
Personal Watercraft Sales, Rental, Service, Parts or Repair
Photographic Studio and Photographic Supplies
Restaurant, w/Drive Thru
Restaurant, Sit-Down
Specialty Foods and Confections
Sporting Goods
Tobacco Accessories
Vehicle or Marine Customizing, Detailing, Service, Parts
or Repair
Vehicle or Marine Trailer Sales, Rentals, Service, Repairs
and Storage
Vehicle Service Station w/Gas Sales
Video Rental
Wholesale
MU-L ZONE
MU ZONE
R(6)
R(6)
R(6)
R(6)
R(6)
R(6)
R(12)
R(7)
R(6)
R(6)
R(6)
N
N
R(6)
N
N
R(8)
R((13)
R(6)
N
R(8)
R(6)
R(6)
R(6)
P
R(6)
R(6)
P
R(6)
P
R(3)
R(7)
P
R(6)
R(6)
N
N
R(6)
N
N
R(8)
R(6)
R(6)
N
P
R(6)
R(6)
R(6)
N
N
N
R(11)
R(6)
N
N
N
R(6)
N
SERVICE USE GROUP
Permitted/restricted anywhere within the MU zone; within the MU-L zone only on lots fronting on major
arterials.
Barbershop/Beauty Salon/Day Spa
Dance Studio
Dressmaker or Tailor
Drycleaner
Fitness Club
Funeral Home
Hospital
Labor Pool Establishments
Laundromat
Medical Outpatient Facility
Nursery, Preschool or Chiid Daycare
Nursing or Convalescent Home
Photocopy Center
Self-Storage or Mini Warehouse
R(6)
R(6)
R(6)
R(9)
R(8)
N
N
N
R(6)
R(8)
R(6)
N
R(6)
N
R(6)
R(6)
R(6)
R(9)
R(6)
N
N
N
N
R(8)
N
N
R(6)
N
Federal Highway Corridor District
DRAFT of September L 2001
Page 3
USE GROUP/USE
MU-L ZONE
MU ZONE
SERVICE USE GROUP CON'T.
Shoe Repair
Tattoo Parlor/Body Piercing
R(6)
N
R(6)
N
ENTERTAINMENT USE GROUP
Adult Entertainment
Bar, Cocktail Lounge
Billiard Club/Bowling Alleyllndoor Recreation Facility
Bingo Hall
Fortune Teller
Movie Theater
Night Club
Performing Arts Theater
Private Clubs, Lodges and Fraternal Organizations
N
R(8)
R(8)
N
N
N
N
N
R(8)
N
P
R(6)
N
N
R(8)R(3)
R(8)
P
R(8)
ACCESSORY USE
Drive-Thru Facility (other than accessory use to financial
institutions and restaurants)
R(10)
N
R(1) Must be integrated into a mixed-use development that includes a non-residential component that
compromises a minimum of 30 percent of the gross floor area of the entire development,
constructed within the same structure in which the residential component is located.
R(2) Allowed as a permitted use if the entire ground level fioor is devoted to office or retail uses.
Otherwise, use is a conditional use.
R(3) Use shall be subject to the following distance separation requirements, measured in a straight line,
using the shortest distance between property lines:
For uses with less than 5,000 square feet of gross floor area, 750 feet.
For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500 feet.
R(4) Subject to setback and buffering requirements.
R(5) Storage of postal vehicles prohibited. Maximum gross square footage of structure shall not exceed
2,500 square feet.
R(6) Must be integrated into a commercial or mixed use development and not exceed 30 percent of the
gross floor area of the entire development, constructed within the same structure as the remaining
commercial or mixed use development.
R(7) Gross floor area of grocery store must be a minimum of 15,000 square feet and a maximum of
30,000 square feet.
R(8) Requires Conditional Use approval.
R(9) On-site drop-off and pick-up only. Must be integrated into a commercial or mixed use development
and comprise a maximum of 30 percent of the gross floor area of the entire development,
constructed within the same structure as the remaining commercial or mixed use development.
R(10) Drive-thru facility, including stacking lanes, must be screened from public right-of-way and requires
Conditional Use approval.
R(11) Shall comply with provisions of Chapter 2, Sec.11.L. pertaining to retail sale of gasoline or gasoline
products.
R(12) Not permitted on property with Federal Highway Frontage in the MU-L Zone unless consistent with
Restriction Footnote number Six (6).
R(13) No outdoor storage/display allowed. Indoor storage/display not to exceed 10,000 square feet.
R(14) In conjunction with a permitted marina use. Storage/display allowed only in wet docks or indoor not
to exceed 10,000 square feet.
F eder,l Highway Corridor District
DRAFT of September 1. 2001
Page 4
Sec.5.L4. Minimum Parcel Requirements
MU-L ZONE
MU ZONE
A. Minimum Lot Area
Residential Or Lodalna Use Group
Hotel
Residential, Single Family Detached
Residential, Single Family Detached w/Accessory Unit
Residential, Single Family Attached
Residential, Multi-Family
Communitv Facilltv Use Group
Public Park
All other Use
A1. Minimum Living Area
Single Family Detached
All other Residential
Accessory Apartment
B. Minimum Lot Frontage
Residential Or Lodaina Use Group
Residential, Single Family Detached
Residential, Single Family Attached (Duplex)
Residential, Single Family Attached (Townhome)
Residential, Multiple-Family
All Other Uses
Sec,5.L5. Height
A. Maximum Height
Residential Or Lodaina Use GrouD
Residential, Single Family Detached
Residential, Single Family Attached (Duplex)
Residential, Single Family Attached (Townhomes)
All Other Uses
"Maximum height at Iront property line is 35 ft. Add a
minimum 10ft 01 step back lor every additional 50 ft 01 height.
5,000 sq. ft.
7,500 sq. ft.
7,500 sq. ft.
15,000 sq. It.
no minimum
10,000 sq. ft
1,000 sq. ft.
750 sq. ft.
750 sq. ft.
50 It.
75 ft
25 ft
100 ft.
100 It.
MU-L ZONE
35 ft.
35 ft
35 ft
75 ft..
3 acres
65,000 sq. It.
20,000 sq. It.
no minimum
10,000 sq. ft,
750 sq. ft.
100 ft.
100 It.
MU ZONE
150 ft..
B. Minimum Height 35 ft.. 35 ft.."
Multiple story buildings are encouraged within the Federal Highway Corridor District, particularly along
arterial roadways. The intent 01 this provision is to create the appearance, or simulate the intensity 01, a
minimum two (2) story building.
"Applies to any la9ade with Federal Highway Irontage.
"Applies to any la9ade with street lrontage.
U-L ZONE
Sec.5,L6. Minimum Pervious Area
Communitv Facilitv Use Group
Public Parking Lot or Garage
Residential Or Lodaina Use Group
Residential, Single Family Detached 40%
Residential, Single Family Attached 30%
Federal Highway Corridor District
DRAFT of September 1, 2001
Page 5
MU ZONE
15%
U-L ZONE
Sec.S.LG, Minimum Pervious Area, Con'!.
All Other Uses
20%
MU-L ZONE
Sec. S.L7. Minimum Setback Requirements
Front Yard
Residential Or Lodqinq Use Group
Residential, Single Family Detached build to line 10ft.'
Residential, Single Family Attached build to line 10 ft.*
Residential, Multi-Family build to line 10 ft.*'
. porches may be placed forward of the build to line and shall
maintain a minimum 2 foot setback from any public sidewalk.
Porches shall be placed outside of clear sight triangle.
Minimum setback for a garage facing or accessing the street
is 20 feet.
.. projecting feature(s) such as awnings, balconies,
porches and/or stoops shall be placed forward of the build-to
line and shall maintain a minimum 2-foot setback from any
public sidewalk.
All Other Uses includinq mixed use with a
component-build-to line
ft or 15 ft* ..
ft**
sinqle-familv attached
10
o
'The area forward of the build-to line shall contain a
7-foot sidewalk with the remainder landscaped.
.. one or more projecting feature(s) such as
awnings, balconies, colonnades porches and/or stoops required
forward of the build-to line and shall maintain a minimum 5-foot
clearance from any vehicular use area. Elements projecting
over a pedestrian walkway shall allow a minimum 9-foot vertical
clearance and 5 foot horizontal pedestrian clearance.
MU-L ZONE
Side Yard
Residential Or Lodqinq Use Group
Residential, Single Family Detached, interior
Corner""
Residential, Single Family Attached (Duplex) End
Corner*
Residential, single Family Attached (Townhomes) End
Corner'
Residential, Multi-Family
'plus one addtl. foot for each foot of height over 45
ft. where adjacent to an existing single-family
detached dwelling, less width of right-of-way.
"plus one addtl. foot for each foot of height over 45
ft. where adjacent to an existing single-family
detached dwelling, less width of right-of-way.
6 ft.
15 ft
10 ft.
15 ft.
10 ft
15 ft.
20 ft.*
Federal Highway Corridor District
DRAFT of September 1, 2001
Page 6
MU ZONE
15%
MU ZONE
0-15 ft.
MU ZONE
20 ft.*'
MU-L ZONE
MU ZONE
Sec. 5.L.7. Minimum Setback Requirements, Con'!.
Side Yard
All Other Uses
Adjacent to Residential Single Family Attached or
Detached in the MU-L Zone
'plus one addU. foot for each foot of height over
45 ft. less width of right of way
Adjacent to Other Uses
25 ft.'
Oft."
Oft.'
Oft.'
Rear Yard
Residentiai Or lodqinq Use GrouD
All Residential, Where Yard is Adjacent to Intracoastal
Waterway 25 ft.
Residential, Single Family Detached 7.5 ft.
Residential, Single Family Attached 7.5 ft.
Residential, Multi-Family 25 ft.'
'plus one additional foot for each foot of height over 45 ft.
where within or abutting the MU-l Zone
All Other Uses
Where Yard is Adjacent to intracoastai Waterway
Where Yard is Adjacent to Residentiai
'plus one additional foot for each foot of height
over 45 ft. within or abutting the MU-l Zone
Where yard is Adjacent to All Other Uses
'Fifteen (15) feet abutting a street, 10 feet abutting
an alley.
25 ft.
25ft-
25 ft.
40 ft.'
12 ft.
40 ft.'
Oft.'
0' ft.
Sec.5.L.B, Mixed Uses.
Buildings containing residentiai and non-residential uses are permitted and encouraged, and subject to the
same development standards as "all other uses." Residential uses within mixed-use structures shall not be
located on the ground floor, which shall be reserved for nonresidential uses. Nonresidential uses within
mixed residential/nonresidential structures shall be evaluated for their compatibility with residential uses
located on upper floors, and shall demonstrate compatibility based upon use-type, construction materials,
floor plan and site layout, use of the next highest floor, and other factors as determined appropriate given the
type of use.
Sec.5.L.9. Building Placement, Massing & Orientation
Structures lining Federal Highway and Ocean Avenue within the MU Zone shall occupy the entire width of the
parcel they are located upon, notwithstanding corner side setbacks and ciearance needed for a drive that
may be required to access the rear of the property.
Sec.5L.10. Landscaping
Chapter 7.5, Boynton Beach landscape Code, of the City of Boynton Beach land Development Regulations,
shall govern landscaping within the Federal Highway Corridor District.
Sec.5L.11, Parking Requirements
(A) Parking requirements shall be as set forth by Chapter 2, Section 11 H, of the Boynton Beach land
Development Code, except as provided below.
(B) On-site parking facilities shall be located to the rear of the structures they are intended to serve, or
shall be located to the side of the structure they are intended to serve and screened from view from
public streets, notwithstanding other provisions of these regulations that require a specific residential
Federat Highway Corridor District
DRAFT of Sept em her 1, 2001
Page 7
Sec.5L11. Parking Requirements, Con't,
automobile garage setback, and Sec.5L.11. (D) and (E) permitting understory parking and regulating
parking garages. The intent of this provision is that parking faciiities not be prominent as viewed from
the street(s) that serve(s) as the main orientation for the principal building(s), in order to emphasize
buildings and pedestrian features and de-emphasize parking facilities. In order to best achieve this
objective, rear parking is preferable to side yard parking. Access to parking shall be from side streets
not serving as the principal structure's main frontage when possible in order to minimize
vehicle/pedestrian confiicts along sidewalks resulting from driveway crossings.
(C) Mixed-use developments may utiiize the following parking requirements based upon shared parking
with different hours of use. The total requirement for off-street parking spaces shall be the highest of
the requirement of the various uses computed for the following five (5) separate time periods:
weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of
calculating the requirement of the various uses for the various separate time periods, the percent of
parking required shall be:
Weekday
Daytime Evening
(6 a.m.-5 (5 p.m.-mid-
p.m.) night)
(Percent) (Percent)
Weekend
Daytime Evening
(6 a.m.- 5 p.m.-mid-
5 p.m.) night)
(Percent) (Percent)
Nighttime
Midnight-
6a.m.
(Percent)
Office 100 10 10 5
Retail 75 75 100 70
Lodging 75 100 75 100
Restaurant 50 100 100 100
Entertainment 40 100 90 100
Residential 60 100 100 100
(Source: Urban Land Institute "Shared Parking", 1983)
5
5
75
10
10
100
(D) Freestanding parking garages as part of a mixed use development are permitted within the MU Zone
only. Within the MU Zone, freestanding parking garages shall not exceed 75 feet in height, and shall
not have direct frontage on Boynton Beach Boulevard, Ocean Avenue or Federal Highway unless the
portion of the garage abutting said streets contains storefronts, restaurants or other permitted
nonresidential uses on the first and second fioors. The intent is to border or wrap the garage in
storefronts and other permitted habitable floor area, so as to disguise the garage and create
continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic.
Principal structures that include parking garages shall utilize design techniques blending the
architecture of the garage with the remainder of the structure, and creating the illusion that the
garage is habitable floor space.
(E) Parking garages that are incorporated into the same structure as a principal building, including
structures providing parking on lower floors and habitable space on upper floors, are permitted within
the MU and MU-L Zones. Understory parking (on the first floor of a structure) is permitted throughout
the MU and MU-L Zones for multiple-floor buildings. Such first floor parking areas shall be screened
from view by a living trellis (utilizing climbing vines) and/or architecturally articulated fa~ade designed
to screen the parking area.
(F) In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall
be interconnected whenever possible. Parking facilities shall, wherever feasible, be designed for
future connection to an adjoining parcel where an existing connection cannot be established.
Federal Highway Corridor District
DRAFT of September I, 2001
Page 8
Sec.5L.12. Dumpster Location
Dumpsters shall be adequately screened from view in a manner compatible with the surrounding
environment.
Sec.5L.13. Circulation
Development sites with frontage on Federal Highway, Ocean Boulevard and Boynton Beach Boulevard shall
be designed to discourage mid-block street crossings on these streets.
Sec.5L.14. Signage
Chapter 21 shall govern signage within the Federal Highway Corridor District, Signs, of the Boynton Beach
Land Development Code.
Sec.5L.15. Density
The Comprehensive Plan shall regulate maximum density.
Sec.5L.16. Definitions
The following are supplement definitions applicable only to the Federal Highway Corridor District, and
therefore take precedence over definitions in other portions of the Code in case of conflict.
Accessory unit - A habitable living unit added to or created within a single-family dwelling that provides basic
requirements for living, sleeping, eating, cooking and sanitation. Accessory apartment shall comprise no more
than twenty-five percent (25%) of the total floor area of the single-family dwelling and shall in no case be more
than 750 square feet.
Antique Shop - Any premises used for sale and trading of articles of which eighty percent (80%) are over fifty
(50) years old or have collectible value. This category does not include "secondhand store".
Child Daycare, Nursery, Preschool - An establishment that provides care, protection and supervision for
children on a regular basis away from their primary residence for less than 24 hours per day. The term does not
include facilities operated in conjunction with an employment use or other principai activity, where children are
cared for while parents or custodians are occupied on the premises or in the immediate vicinity.
Coffee Shop - An informal restaurant serving anything from a snack to a full meal.
Convenience store - A retail establishment with a maximum of five thousand (5.000) square feet of gross floor
area that offers for sale prepackaged food or beverages for off-site consumption and may offer for sale
automotive fuel, but offers no automotive repair. Other prepackaged goods, household items. automotive fluids
and wiper blades, automotive cleaning supplies. oils, waxes and windshield fluids, newspapers, magazines may
also be sold. A convenience store dispensing automotive fuels shall also be considered an automotive service
station and shall be required to meet the requirements for that use. A retail establishment as described herein
that is greater than five thousand (5,000) square feet of gross floor area and does not sell automotive fuel shall
be considered a grocery store.
Custom Furnishings - Home furniture and decorative objets made to a buyer's specifications.
Cyber Cafe - A coffee house that offers coffee, tea and other beverages and provides patrons with computer
terminals for browsing the Internet for a fee.
Federal Highway Corridor District
DRAFT of September 1, 2001
Page 9
Day Spa - Spa facilities that have no overnight accommodations, but offer an array of spa treatments
administered by licensed and certified spa technicians, including beauty, wellness and relaxation programs that
may iast from a few minutes up to a full day.
Delicatessens - A store specializing in imported or unusual foods and ingrediens, for example cooked meats,
cheeses, pickles, and salads.
Discount Club - A business that sells goods in bulk or large quantity, at costs generally below market price, to
members of the public and/or businesses, and may require a membership in the club.
Hotel - A building, or part thereof, in which sleeping accommodations are offered to the public, with no cooking
facilities for use by the occupants, and in which there is a public dining room for the convenience of the guests.
Access to the sleeping rooms shall be through an inside lobby or office.
Indoor Recreation - An establishment offering recreation and entertainment to the general public within an
enclosed building. Such uses include movie theaters, bowling alleys, skating rinks, pool and billiar halls, game
arcades (pinball, computer), fitness centers, dance studios, court sports and swimming pools.
Medical Outpatient Facility - An establishment where patients who are nor lodged overnight are admitted for
examination and treatment by a group of physicians, dentists, or other health care professionals.
Newsstand - A stall or booth where newspapers and magazines are sold.
Package Liqour Store - An establishment where alcoholic bevrages are dispensed or sold in containers for
consumption off the premises.
Residential, Single Family Attached - Two (2) or more one-family dwellings attached by common vertical
firewalls, whereby each unit has its own front and rear access to the outside, and no unit is located over another
unit. Examples of single-family attached dwellings include duplexes and townhomes.
Residential, Multi-Family - A building containing two (2) or more dwelling units that cannot be classified as
single-family attached.
Sporting Goods Store - An establishment selling sport equipment and sport accessories.
Landscaped Area - Open space area not occupied by any structures or impervious surfaces, and landscaped
with vegetative material and ground covers pursuant to the Boynton Beach Landscape Code.
Federal Highway Corridor District
DRAFT of September I, 2001
Page 10
Location Map
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US-l Corridor
Legal Description
PARCEL 1 (NORTH)
An area in the City Of Boynton Beach, Florida, more particularly described as follows:
1.) Beginning at a point of intersection of the centerline ofFEC Rail Road and the north right-of-
way line of the Boynton Canal (C-16);
2.) Thence, easterly along said north right-of-way line of the Boynton Canal to the point of
intersection with the west right-of-way line of the Intracoastal Waterway;
3.) Thence, southerly along said west right-of-way line to the intersection with north line of
Dewey's Subdivision as recorded in Plat Book I, page 37, Palm Beach County Public Records;
4.) Thence, westerly along said north line of Dewey's Subdivision to the southwest comer of
Harbor Hall Condo No.3 in Township 45, Range 43, Section 22;
5.) Thence, northerly along the west line of said Harbor Hall Condo No.3 to the northwest
comer thereof;
6.) Thence, westerly along a line being the south line oflots 22 and 25, block 2, Boynton Place
Subdivision as recorded in Plat Book II, Page 40, Palm Beach County Public Records, to a point
on the centerline ofD.S. Federal Highway;
7.) Thence, southerly along said centerline of Federal Highway to the intersection with the
easterly extension of the centerline ofNE 6th Avenue, as platted on the west side of said Federal
Highway;
8.) Thence, westerly along said centerline of NE 6th Avenue to the intersection with the
centerline ofFEC Rail Road;
9.) Thence, northerly along said centerline to the intersection with the north right-of-way line of
the Boynton Canal and Point of Beginning, containing 99.91 acres, more or less.
PARCEL 2 (CENTER)
An area in the City Of Boynton Beach, Florida, more particularly described as follows:
I.) Beginning at the intersection of the centerline of the FEC Rail Road with the centerline ofSE
2'd Avenue'
,
2.) Thence, easterly along said centerline of SE 2'd Avenue to the intersection with the centerline
of U.S. Federal Highway;
3.) Thence, southerly along said centerline a distance of 230 feet to a point;
4.) Thence, easterly to a point located a distance of 125 feet from the east right-of-way line of
U.S. Federal Highway;
5.) Thence, northerly a distance of 230 feet to a point on the south line of The Lawns
subdivision as recorded in Plat Book 9, Page 69, Palm Beach County Public Records;
6.) Thence, westerly along the said south line of The Lawns to the southwest comer oflot 21 of
said The Lawns subdivision;
7.) Thence, northerly along the west line of said Lot 21 to the intersection with the center line of
SE 2'd Avenue;
8.) Thence, easterly along said centerline of SE 2'd Avenue to the intersection with the centerline
of SE 6th Street;
9.) Thence, northerly along said centerline of SE 6th Street to the intersection with the centerline
of Ocean Avenue;
10.) Thence, easterly along said centerline of Ocean Avenue to the intersection with the west
right-of-way line of the Intracoastal Waterway;
11.) Thence, northerly along said west right-of-way line of the Intrracoastal Waterway a distance
of 2,000 feet, more or less, to the intersection with the easterly extension of the north line of
Dewey's Subdivision, as recorded in Plat Book 1, page 37, Palm Beach County Public Records;
12.) Thence, westerly along said north line of Dewey's subdivision to the southwest comer of
Harbor Hall Condo No.3 in Township 45, Range 43, Section 22;
13.) Thence, northerly along the west line of said Harbor Hall Condo NO.3 to the northwest
comer thereof;
14.) Thence, westerly along a line being the south line of lots 22 and 25, block 2, Boynton Place
Subdivision as recorded in Plat Book 11, Page 40, Palm Beach County Public Records, to a point
on the centerline of U.S. Federal Highway;
15.) Thence, southerly along said centerline of Federal Highway a distance of 159 feet to the
intersection with the easterly extension of the centerline ofNE 6th Avenue, as platted on the west
side of said Federal Highway;
16.) Thence, westerly along said centerline ofNE 6th Avenue to the intersection with the
centerline ofFEC Rail Road;
17.) Thence, southerly along said centerline ofFEC Rail Road to the intersection with the
centerline ofSE 2nd avenue and the Point of Beginning, containing 104.92 acres, more or Jess.
PARCEL 3 (SOUTlD
An area in the City Of Boynton Beach, Florida, more particularly described as follows:
I.) Beginning at the intersection of the centerline of the Florida East Coast Railway with the
centerline of SE 2'd Avenue;
2.) Thence, easterly along said centerline of SE 2'd Avenue to the intersection with the centerline
of Federal Highway (US I);
3.) Thence, southerly along said centerline distance of230 feet to a point;
4.) Thence, easterly to a point located a distance of 125 feet from the east right-of-way line of
U.S. Federal Highway;
5.) Thence, northerly a distance of 230 feet to a point on the south line of The Lawns
subdivision as recorded in Plat Book 9, Page 69, Palm Beach County Public Records;
6.) Thence, westerly along the said south line of The Lawns to the southwest comer oflot 21 of
said The Lawns subdivision;
7.) Thence, northerly along the west line of said Lot 21 to the intersection with the center line of
SE 2'd Avenue;
8.) Thence, easterly along said centerline of SE 2'd Avenue to the intersection with the centerline
of SE 6th Street;
9.) Thence, northerly along said centerline of SE 6th Street to the intersection with the centerline
of East Ocean Avenue;
10.) Thence, easterly along said centerline of East Ocean Avenue to the intersection with the west
right-of-way line of the Intracoastal Waterway;
II.) Thence, southerly along said west right-of-way line to the intersection with the north right-
of-way line of Woolbright Road;
12.) Thence, westerly along said north right-of-way line to the intersection with the centerline of
the Florida East Coast Railway, FEC;
13.) Thence, northerly along said centerline ofFEC to the intersection with the centerline of SE
2'd Avenue and the POINT OF BEGINNING.
Less the following parcels:
A- The parcel identified as PARK PRESERVE on the Pences Subdivision 1, as recorded in
the Plat Book 1, page 33, city us-l corridor legal description Palm Beach County Public
Records;
B- All the plat of the Lee Manor Isles Subdivision as recorded in Plat Book 24, page 211, of
the Palm Beach County Public Records, excluding the west 184 feet of Lot I-A thereof;
and excluding lots I and 2 thereof;
C- All the plat of Boynton Isles Subdivision as recorded in Plat Book 25, page 34, of the
Palm Beach County Public Records, excluding lot 46 thereof; and
D- All the plat of Boynton Isles Plat 2 Subdivision as recorded in Plat Book 45, page 109, of
the Palm Beach County Public Records.
This Parcel III contains 136.82 acres, more or less.
l.\SHRDA TA\Planning\Hudson\Federal Corridor LUAR\City US-l Corridor legal description.doc