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APPLICATION PROJECT NAME: Live/Work LOCA TION: Renaissance Commons PCN: I FILE NO.: CDRV 05-002 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: Kim Glas-Castro, AICP ADDRESS: ADDRESS: 222 Lakeview Avenue FAX: Suite 800 West Palm Beach, FL 33401 PHONE: FAX: 561-514-3442 - PHONE: 561-838-4542 E-Mail: Kim.GlasCastro@Ruden.com SUBMITTAL / RESUBMITTAL 12/6/04 1 ST REVIEW COMMENTS DUE: PUBLIC NOTICE: TRC MEETING: LAND DEVELOPMENT SIGNS POSTED (SITE PLANS): PLANNING & DEVELOPMENT BOARD 2/22/05 MEETING: COMMUNITY REDEVELOPMENT AGENCY BOARD CITY COMMISSION MEETING: 3/1/05 3/15/05 4/5/05 COMMENTS: S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV- Live Work\CDRV 05-002\2004 PROJECT TRACKING INFO.doc 1275 Gateway Blvd. Boynton Beach, FL 33426 (561) 364 - 3293 (Phone) (561) 364 - 7861 (FAX) MEMORANDUM FOR: Kimberly Glas-Castro, Esq. FROM: Sally Hamerman for Stephen B. Liller DATE: 12/6/04 RE: Firenze @ Renaissance Commons - Live/Work Kim, As per our conversation this morning, attached is Town & Country Builders, Inc.'s check #6810, dated 12/3/04 in the amount of $250.00 for the live/work code review. If you have any questions, please give me a call. Thanks. Sally 1lI~ Ruden ~II McClosky 222 LAKEVIEW AVENUE SUITE 800 WEST PALM BEACH, FLORIDA 33401-6112 (561) 838-4542 FAX, (561) 514-3442 KIM.G LASCASTRO@RUDEN.COM December 6, 2004 Dick Hudson, AICP City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 RE: Text Amendment to Suburban Mixed Use ("SMU") Zoning Provisions to Provide for Live/Work Units Dear Dick: Town & Country Homes-Florida, the "Applicant", is requesting a text amendment to the SMU zoning provisions contained in Chapter 2, Section 6 "G" of the City of Boynton Beach Zoning Code. The proposed text amendment would allow Live/Work units as a permissible use within the SMU district, subject to criteria. While the Applicant is interested in offering several of the residential units at Renaissance Commons as Live/Work Units, the requested provisions would be applicable citywide in any SMU district. To summarize, the proposed text amendment(s) allow live/work units as a permissible use subject to criteria which include: . Specific designation of such live/work units on the project's site plan; . Limitation of 30% or 400 s.f. of the residence's floor area for business use; . Restriction of the business to professional and business service uses; . Parking requirement of one space per two live/work units. Such parking space must be located within 300' of the designated units; . Restriction of on-site employees; . Locational and accessibility requirements of such units. A draft of the requested text amendment(s) is enclosed, along with a check for $250 for the application fee. We look forward to discussing this proposal with the Planning & Development Board and City Commission in January. Sincerely, &-CaBlrO, AICP WPB:193416:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. rADArAe . CT I "llnI:O""1 J: . ".1'''''''1 . ""IAOI CC . nDI .to ...Inn . Dr\DT CT Illrll: . CADAcnTA . CT DI:TI:DCDllDr . TAil AUACCItI: . T".l'DA . '''/I:CT DA..... DCAru ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 ZONING, SECTION 6. AMENDING SUBSECTION "G", SUBURBAN MIXED USE ZONING DISTRICT, FOR THE PURPOSE OF ESTABLISHING REGULATIONS FOR LIVE/WORK UNITS WITHIN RESIDENTIAL STRUCTURES AND PROVIDING FOR PERMITTED USES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the proposed revisions to the Suburban Mixed Use zoning district to Part III of the City of Boynton Beach Code of Ordinances is an amendment to the Land Development Regulations requested by Town & Country Homes Florida; and 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. "G", Table 6G-1, is hereby amended by adding the words and figures as follows: WPB: 1 87872:5 I TABLE 6G-1 SCHEDULE OF PERMITTED PRINCIPAL. ACCESSORY AND CONDITIONAL USES USE GROUPIUSE SMU ZONE Residential or Lodging Use GrollD Bed and Breakfast C Hotel C Home Occupation P Mobile Home N Motel N Residential, Single Family Detached P Residential, Single Family Attached P Residential, Multi-Family P Temporary Sales Office P Temporary Model Residences P Live/Work Units pIS Boarding and Rooming House (except where provided bv state law) N Accessory Unit P Government Office/Civic Center/Library P Recreation (outdoor) C Museum P House of Worship pi Police or Fire-Rescue Station P Postal Center (retail sales only) pL Post Office P Public Park P Public Parking Lot or Garage P REMAINDER OF TABLE UNCHANGED Restriction Notes: 8 Subiect to compliance with supplemental regulations in Section 5(b ). Section 3. That Chapter 2, Zoning, Section 6. "G", Subsection 5, Mixed Uses, is hereby amended by renumbering the subsection to 5(a) and adding a new subsection 5(b) as follows: 5(b) Live/Work Units. This subsection provides for the use of residential structures to accommodate live/work opportunities. Live/work units shall be specifically designated on the site plan. and comply with the following standards and requirements. These provisions are not applicable to dwellings or occupations that meet the definition of Home Occupation in Section lLD WPB: 1 87872:5 2 1. Unit Requirements. (a) No more than 30% or four hundred (400) square feet. whichever is greater. of the live/work unit shall be utilized for working space. Workin~ space shall be located on the ground level and shall not utilize garage. or living spaces. (b) Each live/work unit shall be a separate unit from other uses in the building. The ground floor of all live/work units shall meet the Florida Building Code requirements for mixed occupancy buildings. Each unit. including the ~arage. shall be separated by walls from other live/work units or other uses in the buildin~. (c) Buildings designated as live/work shall provide universal accessibility from the public sidewalk adiacent to the street. to the front and to the interior space of the nonresidential area of the live-work unit. (d) Units planned for live/work uses shall be located at the perimeter of the residential proiect or along the proiect's principal roadway. and/or where possible. adiacent to perimeter/external rights-of-way. to minimize impacts to the greater neighborhood. 2. Permitted Uses. Nonresidential uses that are permitted in live/work units are generally limited to professional service. business service or tutoring services. A listing of common uses that are permissible in live/work units. subiect to issuance of occupational license are located in Sub-section 16. below. No work activity shall be permitted that by virtue of intensity or number of employees has the potential to create impacts by reason of traffic. parking issues. hazardous materials. or excess waste. 3. Occupancy and Employees. No more than two on-site emplovees. in addition to the resident( s) of the live/work unit. may undertake business activities from said unit. At least one resident of an individual live/work unit shall maintain a current occupational license for a business located in that unit. Acknowledgement of the employee limitation shall be made by the unit resident. at the time of application for an occupational license. in the form of an affidavit. The work area shall not be rented separately from the living space. 4. Parking. The City encourages that one space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot. built into or under the structure. or within 300 feet of the unit in which the use is located. Parking provided to accommodate said space. including driveways of adequate depth in front of the unit' s gara~e. shall not serve as meeting required parking for the unit's residential use. 5. Signage. One wall plaque shall be permitted per live/work unit. not to exceed two square feet in sign COpy area. in accordance with the applicable sign program. 6. Site Plan Requirement. All respective plan pages shall identify all proposed live/work units and buildings. Live/work units shall be tallied in the site plan tabular data. Section 4. That Chapter 2, Zoning, Section 6. "0", is hereby amended by adding a new subsection 16, Live/Work Unit Permissible Uses, as follows: 16. Live/Work Unit Permissible Uses. The following list identifies the permitted uses within designated live/work units. subiect to occupational license requirements: WPB: 187872:5 4 BUSINESS S"1l,"RVICE Business service - Addressing service/mailing list compiler Business service - Arbitrator. mediator service Business service - Cleaning services. maid. housekeeping, ianitorial Business service - Commercial artist/design studio Business service - Commercial photographv Business service - Computer programming service Business service - Computer software development Business service - Data processing Business service - Direct mail advertising services Business service - Editing. proofreading. typing service Business service - Paralegal Business service - Party supplies. rental/leasing (office only. no storage on site) Business service - Private investigator Business service - Recording service Business service - Secretarial service Business service - Boat broker (office only) PERSONAL SERVICE Personal service - Alteration. dressmaking shop, tailor PROFESSIONAL SERVICE Professional service - Abstract and/or title company Professional service - Accountant/income tax services Professional service - Adiusters. insurance Professional service - Advertising office Professional service - Appraiser Professional service - Architect Professional service - Attorney Professional service - Auctioneer (office onlv) Professional service - Author Professional service - Broker Professional service - Business analvst Professional service - Calculating and statistical service Professional service - Court reporting/stenographers Professional service - Credit reporting Professional service - Engineer's office Professional service - Importer/exporter (office onlv) Professional service - Insurance agency/bond office Professional service - Interior decorating Professional service - Loan company office Professional service - Market research office Professional service - Model agency Professional service - Notary Public office Professional service - Public relations office Professional service - Real estate sales/management office Professional service - Travel agencv OTHER USES Tutoring or instruction (Academic. music. art) Art studio with ancillary sales Section 5. 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 6. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 7. Should any section or provision of this Ordinance or any portion thereof be WPB: 187872:5 4 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 8. Section 9. Authority is hereby given to codify this Ordinance. This Ordinance shall become effective immediately. FIRST READING THIS _ day of ,20_ SECOND, FINAL READING AND PASSAGE this _ day of 20 WPB: 187872:5 ATTEST: CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk 4