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04-0491 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 Amen ORDINANCE NO. 04- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING POLICY 1.16.1 OF THE FUTURE LAND USE ELEMENT BY ADDING A MIXED USE-SUBURBAN (MX-2*) LAND USE CATEGORY; PROVIDING FOR CONSISTENT ZONING DISTRICTS, ALLOWED USES, DENISITY AND INTENSITY OF DEVELOPMENT; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida ("City") has adopted a comprehensive plan and as part of said plan, adopted Policy 1.16.1, pursuant to Ordinance 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, after public heating and study, the City Commission deems it to be in the best interest of the inhabitants of the City to amend the text of the City's Comprehensive Plan by amending Policy 1.16.1, as provided herein; and WHEREAS, it is the recommendation of staff that a text amendment to Policy 1.16.1 be made to add a Mixed Use-Suburban (MX-S) land use category, to provide for consistent zoning districts, allowed uses, density and intensity of development; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Objective 1.16 of the Comprehensive Plan shall be amended by adding the words and figures in underlined type, to read as follows: Policy 1.16.1 The City shall continue to adopt and/or revise regulations to continue to enforce zoning regulations, which, unless provisions are made for *Scrivenor's error should correctly be IMX-S) GSDocuments and Settings\ferraral\Local Settings\Temporary Internet Files\OkKDl\Mixed Use-Suburban Text 'nent 71204 rev011205.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 4o 41 42 431 otherwise in the Problems and Opportunities section of this element, shall correspond to the Future Land Use Plan in accordance with the following descriptions of land use categories... Mixed Use-Suburban: This land use category shall only be applicable to lands located west of 1-95, and shall consist of the SMU Suburban Mixed Use zoning districts and/or any zoning district(s) which may be established in the future provided that the abovementioned zoning districts are shown on the Future Land Use Map within the Mixed Use-Suburban land use category. The land use category allows for a diversity of land uses and accommodates and encourages a mixture of uses, which may be arranged either vertically or horizontally along maior arterial roadways. All land development located in the Mixed Use- Suburban category shall be required to submit a master plan that includes a unified plan of development for the proiect, which encourages synergy between proposed uses, promotes pedestrian or multi-modal linkages, maximizes usable open spaces and public spaces, and establishes design obiectives for the proiect. The uses allowed in this land use category shall be limited to, but shall not necessarily include the following: All uses located in the Local Retail Commercial land use category and all uses located in the High Density Residential Land Use Category. Residential densities up to 20 dwelling units are permitted. A maximum Floor Area Ratio (FAR) up to 1.0 is permitted for all non-residential uses, exclusive of parking structures, throughout the Mixed Use-Suburban land use category. Density and FAR shall be calculated based upon the gross acreage. The following percentages, calculated as a percentage of the net area, shall be met in designing the mixture of uses: High Density Residential: 30%-70% Local Retail Commercial (including office rlevelopment): 30%-70% In calculating the net area, roadway areas, parks, drainage, wetlands, or recreation tracts shall be excluded. The mix of uses proposed for any land development located in the Mixed Use- Suburban category shall be reviewed for aesthetics, design quality and physical compatibility with adiacent land uses; and shall conform to any adopted design plan(s) for the area covered by the category. C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKDl\Mixed Use-Suburban Text Amen 'nent 71204 rev011205.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Section 2. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 3. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 4. This Ordinance shall become effective immediately. 2005. FIRST READING this 90 day of July, 2004. SECOND, FINAL READING AND PASSAGE this day of CITY OF BOYNTON BEACH, FLORIDA ATTEST: C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKDl\Mixed Use-Suburban Text rev011205.doc