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R04-016RESOLUTION NO. R04- O ! {o 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 IN THE INFILL PLANNED UNIT DEVELOPMENT DISTRICT (IPUD); 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 Infill Planned Unit Development District (IPUD) to determine if amendments or modifications are needed with respect to :equirements for pervious area, design standards, increase landscape requirements, 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 IPUD Code; 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 am~ouncement of planning activities and zoning in progress, and the period during ~vhich time all applications related to development activity proposed within the study area, must either be abated or must conform to the most restrictive standards or regulations being ;tudied or proposed~; and WHEREAS, this Notice of Intent will be in effect from the date of adoption and SS, CA',Notice of Intent\Notice of Intent Reso - IPUD.doc :hereafter for a period of 180 days following the date of adoption unless otherwise extended ~y 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 hereby adopt and issue the Notice of Intent attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective city-wide immediately tpon passage. Section 3. The Notice of Intent shall be posted and copies provided as required ~y Ordinance 000-053 (Codified in Article XI of Chapter 1 of the City's Land Development ~'ode, Part III, Code of Ordinances). , Section 4. A Public Hearing shall be conducted during the February 3, 2004 Citv 2ommission meeting, following which the Commission shall vote to either approve or lisapprove further processing of the proposed regulation study period described in the Notice ~f Intent. Section 5. No application for development activity within the scope of the study ;hall be accepted by the City following the date of adoption of this Resolution and during the ;tudy period. No application for development activity within the scope of the study shall be hrther processed by the City, following the date of adoption of this Resolution during the ;tudy period, unless the application was filed prior to the adoption date of this Resolution. ! By way of example: If an increase in setbacks from ten feet to twelve feet is under study, a site plan ~'hich incorporates twelve foot setbacks may be submitted and processed. ;SCA\Notice of Intent\Notice of Intent Reso - IPUD.doc PASSED AND ADOPTED this o~ day of January, 2004. ATTEST: )21erk- CITY OF BOYNTON BEACH, FLORIDA ~'~issiol~r / 'Comer ~ ~.__5>~' ....... ' ¢:",CA\Notice of Intent\Notice of Intent Reso - IPUD.doc EXHIBIT "A" AMENDED NOTICE OF INTENT TO ADOPT PENDING LAND DEVELOPMENT AMENDMENT NOI #2004-01 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 clarify standards and requirements for the Infill Planned Unit Development Zoning District. AFFECTED AREA The Affected Area shall be specifically described as all lands eligible to be rezoned to Infill Planned Unit Development (IPUD) citywide. (see attached Exhibit "A"). GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR) 1. Increase requirements for pervious areas; Provide design standards; Increase landscaping requirements; and, Provide clearer setback requirements. AFFECT ON DEVELOPMENT IF REGULATION ADOPTED The intent of amendments to the Land Development Regulations is to ensure quality projects consistent with the stated intent of zoning district and the "Federal Highway Corridor Community Redevelopment Plan". EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE THE SUBJECT OF THE STUDY AND MAY BE AMENDED LDR, Chapter 2. Zoning, Section 5.L. INFILL PLANNED UNIT DEVELOPMENT (IFUD) PROJECTED TIME FRAME FOR STUDY Not to exceed One Hundred and Eighty (180) days from the date of approval of this Notice by the City Commission. STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING REGULATION WOULD AFFECT S:\CALNotice of Intent'Rev NOI - IPUD 020604.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 to the Infill Planned Unit Development 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 non the lack of awareness of any potentially affected applicant shall not invalidate the applicability of this notice. Dated: January 20, 2004 Adopted by Resolution number R04-016 of the City Commission of the City of Boynton Beach, Florida the oqo day of,Ja~na,~t, 200__q_. (,~0~ice t}f the City Clerk The City Commission, following a public heating on February 3, 2004, modified the original Notice of Intent. S:\CAkNotice of IntentkRev NOI - IPUD 020604.doc City of Boynton Beach EXHIBIT "~," to the NOI GOLF RD i / 8000 0 8000 16000 24000 Feet CRA Boundary ? I Area V ~. City Boundary ~ CRA line / '~/" PBC Major Roads ~ Area I l~ Area V