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ORDINANCE NO. O 04- ~'? ~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 2, "ZONING," OF THE BOYNTON BEACH
LAND DEVELOPMENT REGULATIONS, SECTION 11.H.,
"PROVISION OF OFF-STREET PARKING SPACES,"
PROVIDING FOR A REDUCTION IN PARKING
REQUIREMENTS FOR MIXED USE DEVELOPMENT IN
THE DOWNTOWN MIXED USE - HIGH INTENSITY
DISTRICT, FOR CERTAIN REDEVELOPMENT IN THE
CENTRAL BUSINESS DISTRICT, AND FOR CERTAIN
REDEVELOPMENT ON PROPERTY ABUTTING OCEAN
AVENUE FROM THE CBD BOUNDARY WEST TO
SEACREST BOULEVARD; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, parking requirements are set forth in the City of Boynton Beach Land
)evelopment Regulations, Chapter 2, Section 11.H., where minimum parking requirements
tre set forth in various uses; and
WHEREAS, to promote the redevelopment of the downtown area in a manner
:onsistent with other urban areas, staff recommends an amendment to the City's zoning code
amend certain sections of the Land Development Regulations to provide for minimum
)arking requirements applicable specifically in the Mixed Use - High Intensity (MU-H)
tistrict, the Central Business District (CBD), and areas located downtown; and
WHEREAS, staff's recommendation is to amend the parking requirements to
)rovide for a reduction in the amount of parking spaces for mixed use developments in MU-
districts and to provide incentives for the rehabilitation or renovation ("adaptive re-use") of
:xisting buildings and structures within the CBD and located on property abutting specified
~ortions of Ocean Avenue near the downtown area; and
WHEREAS, separate parking standards in the downtown is expected to assist in
~rban redevelopment efforts, assist in the adaptive re-use and expansion of older structures in
he downtown area, and enhance and revitalize the Central Business District (CBD) and
)cean Avenue downtown corridor; and
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WHEREAS, upon recommendation of staff, the City Commission of the City of
Boynton Beach has deemed it to be in the best interests of the citizens and residents of the
City of Boynton Beach to amend the City's Land Development Regulations in this manner;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
~HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are tree and correct and are now ratified
md confirmed by the City Commission.
Section 2. That Chapter 2, "Zoning," Section 11, "Supplemental Regulations,"
;ubsection H, "Provision of Off-Street Parking Spaces" is hereby amended by adding the
yOrds and figures in underlined type and by deleting the words and figures in struck-through
pe, as follows:
H. PROVISION OF OFF-STREET PARKING SPACES.
16. Except as provided in Subsection I.(4) below, there shall be provided,
at the time of the erection of any structure or establishment of any use, a number of
off-street parking spaces in accordance with the following minimum requirements,
and subject to paragraphs 1 through 15 of this subsection. Where a structure or use is
enlarged or increased in capacity by any means, including a change in building
occupancy which requires the provision of additional parking spaces, or a change in
use to or structure which requires additional parking spaces, the minimum number of
parking spaces shall be computed by applying these requirements to the entire
structure or use.
a. Dwellings, lodging and other buildings for habitation:
(1)
Downtown parking requirements:
For purposes of this subsection, the following definitions shall be
applicable:
Mixed-use development means a combination of two or more
uses on a single parcel, tract, or development pod. In the
Mixed Use - High Intensity (MU-H) district, a mixed use
development is limited to a structure or series of structures
containing retail, office, and residential uses, arranged
vertically.
ii.
Parking structure means a structure or portion thereof
composed of one or more levels of floors used for the parking
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(2)
of motor vehicles. A parking structure may be fully below
grade or either partially or fully above grade with floors or
levels being either open or enclosed
iii.
Tandem parking means the placement of parking spaces one
behind the other, so that the space nearest the driveway, aisle,
or street access serves as the only means of access to the other
space,
iv.
Wrapped parking structure means a parking structure that is
enveloped with habitable or leaseable space to disguise the
actual function of the structure. A fully wrapped parking
structure is one in which the garage component, other than the
access drive, cannot be seen from any elevation. A partially
wrapped parking structure is one in which the garage
component extends above the habitable or leaseable space and
can be seen from one or more elevations.
For parcels of land zoned Mixed Use - High Intensity (MU-H), the
following minimum parking requirements shall be applicable to mixed
use developments:
Residential dwelling units: 1.33 parking spaces for each one (1)
bedroom unit and 1.66 parking spaces for each two (2) or more
bedroom unit
ii. Hotel: One (1) parking space for each hotel unit
iii.
Non-residential: For the non-residential components of a mixed
use project, parking shall be calculated at a minimum of one
(1) parking space for each 200 square feet of gross leaseable
floor area.
iv.
Tandem parking shall be permitted subject to all of the
following guidelines and requirements:
(A)
The tandem parking is for residential and valet purposes
only, and may not be utilized for more than 25% of the
required parking
(B)
The parking structure must be a partially or fully
wrapped parking structure.
(c)
If located on surface parking, the perimeter buffer or
interior lot landscaping requirements shall be improved
by a minimum of fifty (50%) percent.
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(3)
For parcels of land within the Central Business District (CBD) or
subsequent zoning districts established to supplement or replace the
CBD, and any parcel or parcels of land assembled by unity of title
that front on that segment of Ocean Avenue extending west from the
CBD to Seacrest Boulevard, no additional parking shall be required
where:
(i)
the structure is enlarged in a manner not exceeding 100% of
the gross floor area; or
(ii)
the capacity of the structure is increased by adding dwelling
units, floor area, or seats; or
(iii) the use of a structure is changed.
The following uses are exempt from the provisions of subsection (3)
and shall be otherwise required to satisfy the parking requirements of
section 11.H of this chapter:
(i)
(ii)
(iii)
(iv)
Multi-family residential uses and structures.
Churches, temples, and other places of worship.
Theaters, auditoriums, meeting halls, and other places
assembly.
Clubs, lodges, and fraternal organizations.
of
Section 3. Each and every other provision of the Land Development Regulations
Jot herein specifically amended, shall remain in full force and effect as originally adopted.
Section 4. All laws and ordinances applying to the City of Boynton Beach in
:onflict with any provisions of this ordinance are hereby repealed.
Section 5. 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 shall not
tffect the remainder of this Ordinance.
Section 6. Authority is hereby given to codify this Ordinance.
Section 7. This Ordinance shall become effective immediately.
FIRST READING this t"/ day of August, 2004.
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SECOND, FINAL READING AND PASSAGE this '7 day of September, 2004.
~_TTEST:
CITY OF BOYNTON BEACH, FLOR[DA
Com~s~sioner Ix.'
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