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R04-029RESOLUTION NO. R04- 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 MULTI-FAMILY AND NON- RESIDENTIAL USES IN AREAS DESIGNATED MIXED USE ON THE CITY'S FUTURE LAND USE MAP; 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 multi-family and non- residential uses allowed as permitted or conditional uses in areas designated Mixed Use on the City's Future Land Use Map to determine if amendments or modifications are needed with respect to requirements for limitations of use, minimum lot size, height limitations, limitations on locations, buffering, design standards, increase landscape requirements, traffic control, access, parking and setbacks; and WHEREAS, the Commission deems it timely and in the best interest of the City and its residents to undertake study, review and revision of the Land Development Regulations; and WHERAS, the Commission has authority to initiate the review process by adoption of this 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 of a zoning in progress period during which time no applications related to non-residential S:\CA2qotice of IntentXNotice of Intent Reso - Mixed Use Districts.doc 2/10/2004 ,use 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 Ihereafter for a period not to exceed 180 days following the date of adoption unless otherwise by the City Commission by subsequent Resolution following public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does adopt and issue the Notice of Intent attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective city-wide immediately upon passage. Section 3. 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 Code, Part III, Code of Ordinances). Section 4. A Public Hearing shall be conducted during the March 16, 2004 City Commission meeting, following which the Commission shall vote to either approve or disapprove further processing of the proposed regulation study period described in the Notice of Intent. Section 5. No application for development activity or amendment to an application previously filed within the scope of the study shall be accepted by the City following the date of adoption of this Resolution and during the study period. S:\CA~lotice of IntentLNotice of Intent Reso - Mixed Use Districts.doc 2/10/2004 NOTICE OF INTENT TO ADOPT PENDING LAND DEVELOPMENT AMENDMENT NOI #2004-03 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 multi- family and non-residential uses in single-family residential zoning districts, on lands designated Mixed Use on the City's Future Land Use Map. AFFECTED AREA The Affected Area shall be specifically described as all lands designated Mixed Use (MU) on the City of Boynton Beach Future Land Use Map. (see attached Exhibit "A"). GENERAL DESCRIPTION OF POSSIBI,E AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR) 1. Provide minimum acreage requirement for the rezoning of property from single- family residential zoning district to a mixed use zoning district; 2. Provide additional buffering and landscape requirements for mixed use development proximate to existing single-family residential development; and 3. Place additional height limitations on mixed use development proximate to existing single-family residential development. AFFECT ON DEVELOPMENT IF REGULATION ADOPTED The intent of amendments to the Land Development Regulations is to protect single-family residential developments from unwarranted impacts that might be caused by more intense mixed use development in close proximity. EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE THE SUBJECT OF THE STUDY AND MAY BE AMENDED LDR, Chapter 2. Zoning, Section 6.F. Mixed Use Zoning Districts PROJECTED TIME FRAME FOR STUDY One Hundred and Eighty (180) days from Commission. the date of approval of this Notice by the City STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING REGULATION WOULD AFFECT C:~Doctm~ents trod Setthlgs'damatmar. C1TYkLocal Settings\Temporary Internet Files\OLK 120\NOI 2004-03 MU-L. doc 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 rezoning from any single-family residential zoning district to Mixed Use-Low Intensity-MU-L zoning district submitted to the City after the Notice of Intent is executed. ADDITIONAL NOTICE The Notice of Intent shall be posted in the Development Department and in the notice case located at the main entrance to City Hall. A copy of the Notice of Intent shall be mailed to the Chamber of Commerce. 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, facsimile, 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 Adopted by Resolution number R04- O&~ of the City Commission of the City of Boynton Beach, Florida the 1'7 day of~-'~ot'~,mt~, 200~__. ! ic~ Of the City Clerk C:~Documents and Settings\lanmnlmr. ClTY~Local Settings\Temporary lnternet Files\OLK 120~NOI 2004-03 MU-L. doc FUTURE LAND USE MAP: MIXED USE LAND USES LEGEND Mixed use land uses N PASSED AND ADOPTED this I'-/ day of February 2004. tTTEST: \CA'Notice of IntentXNotice of Intent Reso - Mixed Use Districts.doc