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04-0111 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O .ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 ZONING, SECTION 6. CREATING A NEW SUBSECTION "G" ESTABLISHING A SUBURBAN MIXED USE ZONING DISTRICT FOR THE PURPOSE OF ENCOURAGING THE INTEGRATION OF USES WITHIN MIXED USE PROJECTS ALONG SELECTED ROADWAY CORRIDORS WEST OF 1-95; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the proposed addition of a Suburban Mixed Use zoning district to Part III of the City of Boynton Beach Code of Ordinances is a staff-initiated amendment to the Land Development Regulations; 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" is hereby amended by adding the words and figures as follows: G. SMU - Suburban Mixed Use Zoning District 1. Intent and Purpose. The Suburban Mixed Use zoning district, which shall only be applicable to lands located west of 1-95, allows for a diversity of land S:\CA\Ordinances\SMU rev 040804.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 uses and accommodates and encourages a mixture of residential, office, retail, recreational, and other miscellaneous uses, which may be arranged either vertically or horizontally on assembled parcels along major arterials outside of the downtown redevelopment district. All development and redevelopment shall be guided by an approved plan through the use of the SMU master plan, planned unit development, conditional use, or other site plan review processes. The objectives of the Suburban Mixed Use zoning district is as follows: a. Support and enhance development and redevelopment efforts in suburban areas outside of the downtown redevelopment area; b. Create major new mixed-use areas in planned locations with appropriate densities, heights, and mixtures of uses; c. Create attractive pedestrian environments through appropriate separation from and design of vehicular circulation areas; d. Provide public plazas and gathering places that are both well- designed and integrated into the overall design of the development; e. Allow flexibility in architectural design and building bulk; while maximizing compatibility and harmony with adjoining development; f. Create higher quality environments for residents, businesses, employees, and visitors; and g. Encourage innovative design that achieves vertical and horizontal integration of uses. 2. SMU - Suburban Mixed-Use Zoning District. a. In order to complement the redevelopment and envisioned growth of the suburban area, the SMU zoning district shall only be applied to lands west of 1-95 classified as Development of Regional Impact (DRI) or other land use classifications subsequently established on the Future Land Use Map. b. The SMU district is appropriate for low- to mid-rise developments that provide for medium density residential uses. The district allows a maximum height of fifty-five (55) feet and a residential density of 20 dwelling units per acre for mixed-use projects. Building heights between 55 feet and up to 75 feet to the peak of the structure or any architectural details may be allowed only for interior buildings (those buildings separated from property line by another project building or use), if approved as a conditional use. The review of SMU applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. All new suburban mixed-use developments within this district shall front on a major arterial and contain a mixture of retail commercial, office and residential uses. S:\CA\Ordinances\SMU rev 040804.DOC 2 1 2 3 4 5 6 7 8 9 10 3. Permitted Uses. The following table identifies the permitted, restricted and prohibited uses within the Suburban Mixed Use Zoning District. Uses are classified as Permitted "P", Conditional "C" or Not Permitted "N". Uses permitted with restrictions 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 approve uses that are not specifically listed but are similar to uses that are expressly permitted. TABLE 6G-1 SCHEDULE OF PERMITTED PRINCIPAL~ ACCESSORY AND CONDITIONAL USES USE GROUP/USE SMU ZONE Residential or Lodging Use Group 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 Boarding and Rooming House N (except where provided by state law) Accessory Unit P Government Office/Civic Center/Library P Recreation (outdoor) C Museum P House of Worship P~ Police or Fire-Rescue Station P Postal Center (retail sales only) p2 Post Office P Public Park P Public Parking Lot or Garage P S:\CA\Ordinances\SMU rev 040804.DOC 3 Office Use Group SMU ZONE Banks, Financial Institutions 1>2, 5 Medical or Dental Clinic p2 Medical or Dental Office p2 Physical Therapy Clinic 1>2 Professional Business Office 1>2 Real Estate Office p2 Veterinary Office or Clinic p2 Sales and General Commercial Use Group SMU ZONE Alcoholic Beverage Package Store 1>2 Ammunition or Firearm Sale or Rental N Animal Boarding or Kennel (indoor only) p2 Animal Grooming p2 USE GROUP/USE SMU ZONE Sales and General Commercial Use Group SMU ZONE Animal Sales/Pet Shops w/Veterinary Facilities p2 Antique Mall/Flea Market N Arts, Crafts, Hobby and Framing 1>2 Auction House N Automotive Parts Sales w/out Service p2 Automobile Sales with Display N Bakery, Retail p2 Bicycle Shop 1>2 Boat/Marine Sales/Rental N Boat/Marine Accessories p2 Bookstore 1>2 Building Supplies or Materials N Bus Terminal N Camera and Audio Video Equipment p2 Contractor's Office/Equipment Storage N__ Coffee Shop 1>2 Convenience Store 1>2 Custom Furnishings and Antique Stores p2 Cyber-caf6 p2 Delicatessen p2 Department Store <80,000 s.f. P_P_ Department Store >80,000 s.f. C7 Dive shop and Instruction as Accessory Use p2 Drug Store or Pharmacy p6. 2 Gasoline Sales with/without Vehicle Service N S:\CA\Ordinances\SMU rev 040804.D0C Grocery Store, Supermarket P~ Fitness Center p2 USE GROUP/USE SMU ZONE Sales and General Commercial Use Group cont'd SMU ZONE Florist p2 Furniture Store p2 Hardware Store p2 Health Food Store p2 Home Improvement Centers C__}~ Household Appliances and Parts p2 Jewelry or Cosmetics Store p2 Linen and Household Goods p2 Luggage, Purses and Personal Gear p2 Lumber Yard N Membership Club C.__~7 Music Store 1>2 New Clothing, Shoes or Accessories p2 Newsstand p2 Office Supplies P_} Outdoor Storage or Display N Parking Lot for Commercial Vehicles N Parking Lot or Garage, Private Ownership P Personal Watercraft Sales, Rental, Service, Parts or p2 Repair Photographic Studio and Photographic Supplies p2 Restaurant, w/Drive Thru C._~~ Restaurant; Sit-Down P Specialty Foods and Confections 1>2 Sporting Goods p2 Television, Radio, Video and Stereo Equipment p2 Tobacco Accessories p2 Toy Store p2 Vehicle or Marine Customizing, Detailing, Service, N Parts or Repair Video Rental p2 Wholesale/Warehouse/Distribution N Service Use Group SMU ZONE Barbershop/Beauty Salon/Day Spa 1:'2 Dance/Martial Arts Studio p2 Dressmaker or Tailor p2 Drycleaner p~,4 S:\CA\Ordinances\SMU rev 040804.DOC 5 2 3 4 5 6 7 8 9 10 Fitness Club 1:'2 Funeral Home N Hospital N Labor Pool Establishments N Service Use Group cont'd SMU ZONE Laundromat p~ Medical Outpatient Facility C Nursery, Preschool or Child Daycare P Nursing or Convalescent Home N Photocopy Center 1:'2 Self-Storage or Mini Warehouse C Shoe Repair p2 Tattoo Parlor/Body Piercing N Soup Kitchens/Substance abuse Centers/ N Shelters/Half-way Houses USE GROUP/USE SMU ZONE Entertainment Use Group SMU ZONE Adult Entertainment N Bar, Cocktail Lounge p?- Billiard Club/Bowling Alley/Indoor P Recreation Facility Bingo Hall N Fortune Teller N Movie Theater p2 Night Club C Performing Arts Theater P Private Clubs, Lodges and Fraternal C2 Organizations Accessory Use SMU ZONE Drive-Thru Facility (other than accessory C_~~ use to financial institutions, pharmacies and restaurants) Restriction Notes: Use shall be subject to the following distance separation requirements from similar uses, 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. 2 Must be integrated into a commercial or mixed use development and for any single business, not exceed 30 percent of the gross floor area of the mixed-use development. S:\CA\Ordinances\SMU rev 040804.DOC 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Gross floor area of grocery store must be a minimum of 20,000 square feet and a maximum of 80,000 square feet. On-site drop-off and pick-up only. Drive-thru facility, including stacking lanes, must be screened from public right-of- way and requires conditional use approval. Indoor storage/display shall not exceed 20,000 square feet. Maximum footprint is 120,000 s.f. Elevations to be enhanced with appropriate design elements to break up large wall expanses (i.e. articulation, windows, columns, varied rooflines, etc.). 4. Building and site regulations. Minimum Parcel Size SMU ZONE Residential or Lodging Use Group Hotel 3 acresx Residential, single Family Detached 5,000 sq. ft. Residential, Single Family Detached w/Accessory 7,500 sq. ft. Unit Residential, Single Family Attached 2,500q. ft. Residential, Multi-Family 15,000 sq. ft. Community Facility Use Group Public Park no minimum All other Use 10,000 sq. ft. ~ Or part of a mixed use project at least 3-acres in size Maximum Density/Intensity SMU ZONE Maximum F.A.R. (excluding parking structures) 1.0 Maximum Density 20 du/ac Minimum Usable Open Space~ SMU ZONE Residential, Single Family Detached2 40% Residential, Single Family Attached2 30% All Other Uses3 20% Usable Open Space shall provide active or passive recreational space and shall not be occupied by water bodies, streets, drives, parking areas, or structures other than recreational structures At least 50% of the required usable open space for single family residential uses shall be contained in one or more common pooled areas and a rectangle inscribed within each common pooled area shall have no dimension less than seventy-five feet. S:\CA\Ordinances\SMU rev 040804. DOC 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 3 Up to 50% of the usable open space required for All Other Uses may be hardscaped plazas and public gathering places. Minimum Living Area SMU ZONE Single Family Detached 1,200 sq. ft. All other Residential 750 sq. ft. Accessory Apartment 750 sq. ft. Minimum Lot Frontage SMU ZONE Residential Or Lodging Use Group Residential, Single Family Detached 50 ft. Residential, Single Family Attached (Duplex) 75 ft. Residential, Single Family Attached (Townhome) 20 ft. Residential, Multiple-Family 100 ft. All Other Uses 100 ft. Maximum Height SMU ZONE Residential Or Lodging Use Group Residential, Single Family Detached 35 ft. Residential, Single Family Attached (Duplex) 35 ft. Residential, Single Family Attached (Townhomes) 45 ft.1 Residential, Multi-Family 55 ft? All Other Uses 55 ft.~'2 Minimum Height 35ft.3 (25 ft)4 Where adjacent to developed single-family residential zoning districts, Height Setback Envelope shall apply. 2 Maximum of 75 feet with conditional use approval. Exceptions to the maximum height shall not be allowed. Setback from property boundary is three times the building height. If property abuts single-family residential or arterial roadway, building shall be separated from property line by another project building equal to or less than 55 feet in height. 3 Applies to any faqade with "arterial roadway" frontage. Multiple story buildings are encouraged along arterial roadways. The intent of this provision is to create the appearance, or simulate the intensity of, a minimum two (2)-story building. 4 Conditional use approval required if less than the 35 ft minimum. FRONT YARD SETBACK SMU ZONE Residential Or Lodging Use Group: Residential, Single Family Detached build to line 10 ft.~ S:\CA\Ordinances\SMU rev 040804.DOC 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 Residential, Single Family Attached build to line 10 ft.~ Residential, Multi-Family build to line 10 ft.2' 4, ~ All Other Uses including mixed use with a residential 10 ft.3' 4, ~ component - build-to line 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. Where less than 20 feet, garage access required from side or rear. Projecting feature(s) such as awnings, balconies, porches and/or stoops may be placed forward of the build-to line and shall maintain a minimum 2-foot setback from any public sidewalk. 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. Front yard build to line along major arterial roads, a maximum of 90 feet inclusive of a 25-foot landscape buffer. Where adjacent to developed single-family residential zoning districts, Height Setback Envelope shall apply. SIDE YARD SMU ZONE Residential Or Lodging Use Group Residential, Single Family Detached, Interior 7 1/2 ft. or 0/10 ft Comer 15 ft. End 10 ft. Residential, Single Family Attached (Duplex) Comer 15 ft. Residential, Single Family Attached (Townhomes) End 10 ft. Comer 15 ft. Residential, Multi-Family 10 ft.] All Other Uses 0 ft.] REAR YARD SMU ZONE Residential, Single Family Detached 7.5 ft. Residential, Single Family Attached 7.5 ft. Residential, Multi-Family 15 ft.~ All Other Uses 0 ft. ~ Where adiacent to developed single-family residential zoning districts, Height Setback Envelope shall apply. S:\CA\Ordinances\SMU rev 040804.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 a. Building Height Measurement. Building height shall be measured from the lowest point at the common property line or from the minimum base flood elevation as established by FEMA, whichever is highest, to peak of the structure, including any architectural details, rooftop equipment, stairwells, elevator shafts, etc. b. Height Setback Envelope: minimum building setbacks based on building heights. The height setback envelope is applicable where the SMU development is adjacent to a developed single-family residential zoning district. This minimum setback shall be 3 times the building height for any multi-family or non- residential structure. The setback shall be measured from the common boundary of the SMU and the single-family residential zoning district or the midpoint of any intervening right-of-way. 5. Mixed Uses. Buildings containing residential and non-residential uses are encouraged within the SMU zoning district and subject to the same development standards as "all other uses". Residential uses within mixed-use structures, with the exception of designated live/work units, are encouraged not to 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, and other reasonable factors as determined appropriate given the type of use. 6. Landscaping. The landscaping requirements for the SMU District are supplementary to those requirements set forth in Chapter 21 of the Boynton Beach Land Development Code. SMU District. · Trees. All new construction in the SMU District shall provide shade trees in the streetscape. · The trees selected shall be consistent with the established theme of the street, where appropriate. The City Forester will provide consultation on appropriate species. · Trunks shall be a minimum four (4) inch caliper measure at DBH. In addition, there shall be no branches below four (4) feet for visibility. · In instances where canopies of overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shall be utilized. S:\CA\Ordinances\SMU rev 040804.D0C lO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 bo eo · Small flowering trees shall be planted under overhead utility lines. · Upon inspection by the City Forester, any trees found to be in declining condition shall be replaced within thirty (30) days. Tree Spacing · Trees along all street rights-of-way are required and shall be regularly spaced. The spacing of the trees shall be a minimum of 30 feet on center for trees meeting only the minimum caliper requirement. The City Forester shall approve any increase in spacing for trees exceeding the minimum caliper. · Spacing may be modified to allow for the creation of vistas, where appropriate, or by factors such as the placement of utilities, by property access points, sight lines at comers or by comer conditions. · Tree placement shall match the existing pattern, where appropriate. Tree Irrigation. · Low volume design irrigation systems shall be installed to service all trees with bubblers and other landscape materials with sub-irrigation design. · Irrigation systems shall be in operable condition at all times. Sidewalks · Sidewalk accents via pavers or stamped colored concrete shall be utilized in all central pedestrianways of mixed-use development areas only. Flower Containers · To add color and soften internal sidewalk paving with plants, flower containers containing blooming annuals or perennials are encouraged to be planted and maintained along facades of all central mixed-use areas in the SMU District. Perimeter Buffer · A minimum perimeter buffer 25 feet in width shall be provided surrounding the proiect. All buffers abutting the S:\CA\Ordinances\SMU rev 040804,DOC 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 right-of-way of arterial roadways shall include a landscaped berm. 7. Parking Requirements. Parking requirements for the SMU zoning district shall be set forth by Chapter 2, Section 1 IH, of the Boynton Beach Land Development Code. a. Parking for mixed-use developments may utilize shared parking ratios, consistent with those prepared by ULI- the Urban Land Institute. Supporting documentation from this standard book shall be presented with a shared parking analysis at the time of technical site plan approval. b. Freestanding parking garages as part of a multi-family residential or mixed-use development are permitted within the SMU Zone. Within the SMU Zone, freestanding parking garages shall not have direct frontage on major roadways unless a portion of the garage abutting said streets contains storefronts, restaurants or other permitted nonresidential uses, or residential uses on the first floor. The intent is to attempt, where possible, 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 be designed to blend the architecture of the garage with the remainder of the structure or adjacent buildings. Portions of freestanding parking garages that are not screened with habitable space and are in view from the general public shall utilize design measures such as shutters, planter boxes, tall landscaping, etc. to soften their impact. c. 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 SMU Zone. Understory parking is permitted throughout the SMU Zone for multiple-floor buildings. Such parking areas shall be screened from view by landscaping, buildings, and/or architecturally articulated faqade designed to screen the parking area. d. In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. 8. Dumpster Location. Dumpsters shall be adequately screened from view in accordance with the provisions of the Land Development Regulations, or compatible with the surrounding environment if located out of view from the general public. S:\CA\Ordinances\SMU rev 040804.DOC 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 9. Signage. Chapter 21, Signs, shall govern signage along the major arterials, except as otherwise approved within a master signage program for the SMU development project. 10. Minimum Project Size. A minimum of 10 acres shall be required for any project developed under the provisions of the SMU regulations. 11. Master Plans for Phased Projects. The procedures for zoning of land to SMU district shall be the same as for planned zoning districts. To promote and encourage development in this form where uses may be integrated horizontally and vertically within structures as coordinated units, a SMU master plan, including multi- year phases, shall be submitted and reviewed for approval at the time of rezoning to SMU. a. In addition to the information required for application for zoning generally, the applicant shall submit a SMU master plan containing the following materials or data: ° o o ° ° The title of the project and the names of the professional project planner and the developer; Scale, date, north arrow and general location map; A current survey, sealed, that includes the boundaries of the property involved, all existing streets, buildings, water courses, easements, section lines and other existing important physical features in and adjoining the project; Master plan locations of the different uses proposed, including open space or common areas, recreational facilities, residential areas, commercial uses, office uses, other permitted uses, and areas to be developed with integrated mixed-use structures; Master plan generally showing access and traffic flow to each parcel; Tabulations of total gross acreage in the development and the percentages thereof proposed to be devoted to the several land use types, Tabulations demonstrating the proposed~ numbers of dwelling units, square footage of commercial, office and other uses, and, Architectural design standards showing the following: design themes to be followed, building colors and color pallet options, maximum building heights, and color elevation renderings depicting representative design concepts. i subject to changes in use category at time of technical site plan approval S:\CA\Ordinances\SMU rev 040804.DOC 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 b. Procedures. On application of master plan approval for a SMU project, the planning and development board and City Commission shall proceed in general as for other applications for planned zoning districts. 13. Master plan modification. Following approval of a master plan for a SMU, subsequent modifications may be processed by the TRC portion of the site plan review process as long as the proposed changes do not increase or decrease the total square footage for office or retail uses, or dwelling units by more than 30%, do not require a Notice of Proposed Change to a Development of Regional Impact as defined in Florida Law, or lower the overall standard of the master plan as defined by public plazas and open space, architectural design characteristics, building placement and massing, or location of land uses. Non-substantial modifications will not extend time limitations for development of property as stipulated in LDR Chapter 2, Section 9, paragraph C 13. 14. Site Plans. Site plans for development of land zoned SMU shall be processed in accordance with procedures established in the City's Land Development Regulations. The site plan application data shall be in substantial compliance with the Master Plan submitted as a part of the application for zoning to SMU. In addition to the requirements of the Land Development regulations determined to be applicable, the following information shall be provided: a. BUILDING LOCATIONS AND ARCHITECTURAL ELEVATIONS of all structures proposed except for single-family detached homes which are a part of the project shall be depicted on the site plan or and the supplementary materials required. b. LANDSCAPE plan depicting existing and proposed vegetation and locations thereof on the site, consistent with the requirements of Chapter 4 of the City's Land Development Regulations. and materials. FENCE, WALL AND PLANTING SCREEN locations, heights d. TABULATIONS analyzing the number of total gross acres in the project and the percentages thereof proposed to be devoted to the dwelling types, nonresidential uses, other accessory structures, off-street parking and off-street loading, streets, recreation areas, parks, schools and other reservations. Tabulations of total number of dwelling units in the project by types and the overall project density in dwelling units. Tabulations of floor area of nonresidential uses and the overall project intensity. Floor area as computed from FAR, shall include the floor area of all permitted principal or accessory uses except areas for parking, storage, S:\CA\Ordinances\SMU rev 040804.DOC 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 elevator hoist equipment or machinery, heating or air conditioning equipment, stairwells and towers, and the like; and requirements deriving from floor areas shall include such floor area. e. COMMON AREAS. Once a master plan and boundary plat approval has been obtained the applicant shall proceed in accordance with the requirements of the subdivision regulations, determined to be applicable. In addition to the plat certificates specified in the city subdivision regulations and prior to recording a final plat, the developer shall file, a legally constituted maintenance association agreement for improving, perpetually operating, and maintaining the common facilities; including streets, drives, parking areas, plazas and open space and recreation facilities; or he shall file such documents as are necessary to show how the said common areas are to be improved, operated or maintained. Such documents shall be subiect to the reasonable approval of the city attorney. 15. Once a master plan has been approved in a SMU district, the designated parcels may be platted as a boundary plat for the purpose of a sale to a 3rd party purchaser. Each parcel that is platted will be subject to technical site plan approval as provided in the City's code. This boundary plat may be processed simultaneously with the SMU master plan or a SMU master plan modification. Section 3. The definition of "mixed use development" contained in Chapter 2, Zoning, Section 6.F. 13 is hereby revised to read: Mixed Use Development: a combination of two or more uses on a single parcel, tract or development pod. In the Urban Mixed Use-Low Intensity and the Suburban Mixed Use zoning districts, mixed-use can refer not only to uses within single buildings, but to different uses mixed in close proximity in a single development. Section4. 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 5. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. S:\C^\Ordinances\SMU rev 040804.DOC 15 2 4 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Section 6. Should any section or provision of this Ordinance or any portion :hereof be declared by a court of competent jurisdiction to be invalid, such decision ;hall not affect the remainder of this Ordinance. Section 7. Authority is hereby given to codify this Ordinance. Section 8. This Ordinance shall become effective immediately. FIRST READING this //0 day of ~'~ 4CC.~ SECOND, FINAL READING AND PASSAGE this __ 2004. ,2004. '7 day of ~pl-, [ ~TTEST: CITY OF BOYNTON BEACH, FLORIDA ce May~ Use Ordinance Revised 2-25-04.DOC 16