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04-071 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 1 2 3 4 5 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 ~:\CA\Ordinances\LDR Changes\Parking Requirements (Urban)l.doc 6 7 8 9 lO 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 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 ;:\CA\Ordinances\LDR Changes\Parking Requirements (Urban)l.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 44 45 46 (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. ;:\CA\Ordinances\LDR Changes\Parking Requirements (Urban)l .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 (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. ;:\CA\Ordinances\LDR Changes\Parking Requirements (Urban)l .doc 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 SECOND, FINAL READING AND PASSAGE this '7 day of September, 2004. ~_TTEST: CITY OF BOYNTON BEACH, FLOR[DA Com~s~sioner Ix.' ;:\CA\Ordinances\LDR Changes\Parking Requirements (Urban)l .doc