R05-107
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2 RESOLUTION NO. R05- 101
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5 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
6 FLORIDA, AUTHORIZING ISSUANCE OF A "NOTICE
7 OF INTENT" ALLOWING STAFF TO REVIEW AND
8 REVISE ZONING REGULATIONS FOR PROPERTIES
9 IN C-2 ZONING DISTRICTS WHICH FRONT ON
10 SPECIFIC ROADWAYS; AND PROVIDING AN
11 EFFECTIVE DATE.
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15 WHEREAS, Ordinance 00-53 authorizes temporary moratoriums to allow the City staff
16 and City consultants to study the need for modifications to City development regulations in
17 response to trends on development or redevelopment in the City; and
18 WHEREAS, the United States Supreme Court in its 2002 opinion in Tahoe-Sierra
19 Preservation Council, Inc. v. Tahoe Regional Planning Agency recognized that "interim
20 development controls" are an essential tool of successful development; and
21 WHEREAS, the Commission deems it timely and in the best interest of the City and its
22 residents to undertake review and revision to C-2 zoning regulations. The review development
23 performance standards and site plan characteristics for development of C-2 zoned property that
24 fronts on specific roadways; and
25 WHEREAS, the Commission has authority to initiate the review process by resolution
26 and issuance ofa Notice of Intent; and
27 WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents a
28 formal announcement of said planning activities, and the period during which time all
29 applications related to development activity proposed within the study area, must be abated; and
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2 WHEREAS, this Notice of Intent will be in effect from the date of adoption and
3 thereafter for a period of 180 days following the date of adoption unless otherwise extended by
4 the City Commission by subsequent Resolution following public hearing.
5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
6 CITY OF BOYNTON BEACH, FLORIDA, THAT:
7 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
8 being true and correct and are hereby made a specific part of this Resolution upon adoption
9 hereof.
10 Section 2. The City Commission of the City of Boynton Beach, Florida does
11 hereby does hereby issue the Notice oflntent attached hereto as Exhibit "A".
12 Section 3. That this Resolution shall become effective city-wide in C-2 zoned
13 properties that front on the west side of North Seacrest Boulevard between N.W. 3rd Avenue
14 and N.W. 8th Avenue.
15 Section 4. The Notice of Intent shall posted and copies provided as required by
16 Ordinance 000-053.
17 Section 5. No application for development activity within the scope of the study
18 shall be accepted by the City following the date of adoption of this Resolution and during the
19 study period. No application for a development activity within the scope of the study shall be
20 further processed by the City, following the date of adoption of this Resolution during the
21 study period, unless the application was filed prior to the adoption date of this Resolution.
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2 PASSED AND ADOPTED this ÆL day of June, 2005.
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4 CITY OF BOYNTON BEACH, FLORIDA
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16 ~ ton~r --- ~~/
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18 COrrmllSSiOn~
]9 ATTEST:
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EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS OR
REDEVELOPMENT PLANS WHICH ARE THE SUBJECT OF THE STUDY AND MAYBE
AMENDED
LDR, Chapter 2. Zoning
LDR, Chapter 7.5, Article II - Landscape Code
LDR, Chapter 9 - Community Design Plan
LDR, Chapter 23, Parking Lots
Heart of Boynton Redevelopment Plan
PROJECTED TIME FRAME FOR STUDY
One Hundred and Eighty (180) days from the date of approval of this Notice by the City
Commission.
The planning study including formulation of recommendations is estimated to take 6 months. If
additional time is required to complete the study due to the scope or magnitude of the regulatory
changes, a request for extension may be requested by the Development Department. The City
Commission, following public hearing on the request for extension may extended this Notice of
Intent for an additional period as specified by the City Commission at the time of extension.
STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING
REGULATION WOULD AFFECT
Effective on adoption of this Notice, no application for site plan approval, major site plan
modification, conditional use, reclassification or rezoning within the Affected Area deemed
incomplete shall be processed and no new applications for such requests shall be accepted nor
processed during the period that this Notice is in effect.
ADDITIONAL NOTICE
1. The Notice of Intent shall be posted in the Development Department and in the notice
case located at the main entrance to City Hall.
2. A copy of the Notice of Intent shall be mailed to the Chamber of Commerce.
3. 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.
The failure by the City Clerk to provide notice as set forth in this section or the lack of awareness
of any potentially affected applicant shall not invalidate the applicability of this notice.
Dated:
Adopted by Resolution number R05- J01 of the City Commission of the City of Boynton
Beach, Florida the ~ day Ofr-, 200 s-:
By:
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NOTICE OF INTENT TO ADOPT
PENDING LAND DEVELOPMENT AMEND MEN
NOI #2005-02
STATEMENT OF PURPOSE AND SCOPE OF STUDY
The purpose of this Notice of Intent is to declare, in anticipation of an amendment to the Future
Land Use Map, Official Zoning Map and Land Development Regulations, a study period to:
1. Evaluate recommendations within the Heart of Boynton Redevelopment Plan for
residential use on properties within the affected area;
2. Study the development potential of lots within the affected area under both the existing
zoning and zoning proposed in the Heart of Boynton Redevelopment Plan;
3. Consider potential impacts upon adjacent neighborhoods from both existing zoning and
zoning proposed by the Heart of Boynton Redevelopment Plan; and
4. Consider amendments to the Land Development Regulations to minimize impacts of
development in the affected area upon the adjacent neighborhoods.
AFFECTED AREA
All properties currently zoned C-2, Neighborhood Commercial that front along the west side of
N. Seacrest Boulevard, between NW 3rd Avenue and NW 8th Avenue.
GENERAL DESCRIPTION OF POSSIBLE RECOMMENDED AMENDMENTS TO LAND
DEVELOPMENT REGULATIONS (LDR) AND/OR FUTURE LAND USE MAP AND
OFFICIAL ZONING MAP
1. Amendment of Land Development Regulations to include the affected area within the
Urban Commercial District Overlay code amendments providing for decreased front
setbacks;
2. Amendment of Land Development Regulations involving parking, landscaping, lighting
and design standards to mitigate potential impacts on residential neighborhoods; and/or
3. Reclassification and rezoning of the affected area in accordance with the Heart of
Boynton Redevelopment Plan.
AFFECT ON DEVELOPMENT IF REGULATION ADOPTED OR IF LAND IS
RECLASSIFIED AND REZONED
If findings support the recommendation from the Heart of Boynton Redevelopment Plan, the
affected area could be proposed for reclassification and rezoning for single-family homes, and
developed accordingly. If findings support development and use as currently zoned, development
would ultimately be in accordance with the reduced front setbacks proposed by the Urban
Commercial District Overlay amendment. Future development would also adhere to any new
regulations adopted to minimize impacts upon adjacent neighborhoods, and may include but not
be limited to landscaping, buffering, access, parking, lighting, and building height and design.
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