R04-028RESOLUTION NO. R04- O 2. ~
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING ISSUANCE OF A
NOTICE OF INTENT TO ALLOW THE CITY
ADMINISTRATION TO STUDY, REVIEW AND
REVISE THE STANDARDS AND REQUIREMENTS
FOR DEVELOPMENT OF NON-RESIDENTIAL USES
IN SINGLE FAMILY RESIDENTIAL ZONING
DISTRICTS; PROVIDING FOR NOTICE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, City administrative staff has requested Commission approval to issue a
Notice of Intent to allow the staff to study and review the impact of non-residential uses
illowed as permitted or conditional uses in single family residential zoning districts to
:letermine if amendments or modifications are needed with respect to requirements for
limitations of use, limitations on locations, buffering, design standards, increase landscape
uirements, traffic control, access, parking and setbacks; and
WHEREAS, the Commission deems it timely and in the best interest of the City and
ts residents to undertake study, review and revision of the Land Development Regulations;
WHERAS, the Commission has authority to initiate the review process by adoption
Resolution and issuance of a Notice of Intent; and
WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents
formal announcement of planning activities and zoning in progress, and the announcement
a zoning in progress period during which time no applications related to non-residential
development activity proposed within the study area will be accepted or processed; and
WHEREAS, this Notice of Intent will be in effect from the date of adoption and
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2/10/2004
hereafter for a period not to exceed 180 days following the date of adoption unless otherwise
by the City Commission by subsequent Resolution following public heating.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
tereby adopt and issue the Notice of Intent attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective city-wide immediately
passage.
Section 3.
Intent.
The Notice of Intent shall be posted and copies provided as required
Ordinance 000-053 (Codified in Article XI of Chapter 1 of the City's Land Development
Part III, Code of Ordinances).
Section 4. A Public Heating shall be conducted during the March 16, 2004 City
sion meeting, following which the Commission shall vote to either approve or
further processing of the proposed regulation study period described in the Notice
Section 5. No application for development activity or amendment to an
previously filed within the scope of the study shall be accepted by the City
the date of adoption of this Resolution and during the study period.
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NOTICE OF INTENT TO ADOPT
PENDING LAND DEVELOPMENT AMENDMENT
NOI #2004-02
STATEMENT OF PURPOSE AND SCOPE OF STUDY
The purpose of this Notice of Intent is to declare a period to prepare and bring forward for
adoption amendments to the Land Development Regulations to lessen the impacts of non-
residential uses in single-family residential zoning districts, citywide..
AFFECTED AREA
The Affected Area shall be specifically described as all lands zoned for single-family residential
development citywide, which includes the R-I-AAA, R-1-AAB, R-l-AA, R-I-A, and R-1
zoning districts. (see attached Exhibit "A").
GENERAL DESCRIPTION OF POSSIBL
1. Provide locational criteria for non-residential uses permitted in single-family
residential zoning districts;
2. Provide additional buffering and landscape requirements for non-residential uses; and
3. Require additional roadway improvements for non-residential uses that increase
traffic in single-family residential developments.
AFFECT ON DEVELOPMENT IF REGULATION ADOPTED
The intent of amendments to the Land Development Regulations is to protect single-family
residential developments from unjustifiable impacts that could be caused by the development of
non-residential uses.
THE SUBJECT OF THE STUDy AND MAY BE AMENDED
LDR, Chapter 2. Zoning, Section 5.A R-l-AAA Single Family Residential District;
LDR, Chapter 2. Zoning, Section 5.B. R-1-AAB Single Family Residential District;
LDR, Chapter 2. Zoning, Section 5.C. R-I-AA Single Family Residential District;
LDR, Chapter 2. Zoning, Section 5.D. R-1-A Single Family Residential District; and
LDR Chapter 2. Zoning, Section 5.E R-1 Single Family Residential District.
PROJECTED TIME FRAME FOR STUDy
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One Hundred and Eighty (180) days from the date of approval of this Notice by the City
Commission.
STAGE OF THE REVIEW PROCESS
REGULATION WOULD AFFECT THAT THE STUDY PERIOD AND PENDING
Effective on adoption of this Notice, no application or uses within the Affected Area deemed
incomplete shall be processed and no new application shall be accepted or processed during the
period that this Notice is in effect.
This Notice of Intent shall only apply to said applications for non-residential uses in the listed
zoning districts submitted to the City after the Notice of Intent is executed.
ADDITIONAL NOTICE
1. The Notice of Intent shall be posted in the Development Department and in the notice
case located at the main entrance to City Hall.
2. A copy of the Notice of Intent shall be mailed to the Chamber of Commerce.
3. Following issuance of this Notice of Intent, the notice shall be provided to all applicants
who may be potentially affected by the pending study and regulatory changes. This
notice shall be provided to those individuals by mail, facsim/le, electronic mail or in
person. Comments including written objections to the Notice of Intent, shall be accepted
by the Development Department Director from recipients of this notice.
Neither failure by the City Clerk to provide notice as set forth in this section not the lack of
awareness of any potentially affected applicant shall not invalidate the applicability of this
notice.
Dated: February 18
Adopted by Resolution number R04
Beach, Florida the tl _,_ , r-"i''-r- --,~ua of the City
---___ uay ot~ 200q___. Commission of the City of Boynton
By:
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SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS
~T~AY
BLVD
LEGEND
~ City Boundary
Single Family ReSidential Districts
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PASSED AND ADOPTED this I__~__~ day of February 2004.
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