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05-029 11 I 1 ORDINANCE NO. o5-oaQ 2 3 4 AN ORDINANCE OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA 6 AMENDING LAND DEVELOPMENT 7 REGULATIONS, CHAPTER 2, ZONING, SECTION 6 8 AND SECTION 8.5. BY CREATING A NEW 9 SECTION 8.5 B ENTITLED "URBAN 10 COMMERCIAL DISTRICT OVERLAY ZONE"; 1 ] PROVIDING FOR CONFLICTS, SEVERABILITY, ]2 CODIFICATION AND AN EFFECTIVE DATE. 13 14 15 16 WHEREAS, upon recommendation of staff, the City Commission has detennined 17 that the establishment of the Urban Commercial District Overlay Zone and corresponding 18 setback regulations would complement the City's endeavor in promoting progressive and 19 exemplary urban design; and 20 \VHEREAS, the proposed code amendment would help to hannonize the 2] placement of buildings and address some of the inconsistencies between urban and 22 suburban regulations. 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 ~ection 1. The foregoing whereas clauses are true and correct and are now 26 ratified and continned by the City Commission. 27 Chapter 2, Zoning, is hereby amended by adding the words and figures in 28 underlined type, as follows: 29 Sec. 8.5 Overlay Zones 30 B. URBAN COMMERCIAL DISTRICT OVERLAY ZONE. 31 32 l. Intent and purpose. The purpose of this zone is to encourage the S:\CA \Ordinances\LDR Changes\Urban Commercial Overlay 07l305.doc II I 1 development and redevelopment of commercially-zoned parcels in 2 a manner consistent with the pattern of development of parcels with 3 Mixed-Use zoning classifications. 4 5 2. The objectives of this overlay zone are as follows: 6 7 a. Support and enhance revitalization efforts along the 8 City's commercial corridors within the 9 redevelopment areas. 10 11 b. Improve aesthetic and pedestrian streetscape 12 environments by preventing the placement of off- 13 street parking between the front of the building(s) 14 and the rights-of-way. 15 16 c. Allow flexibility in architectural design and building 17 bulk; while maximizing compatibility and hannony 18 with adjoining development within the Defined area. 19 20 3. Defined area. The Urban Commercial District Overlay Zone is 21 established in the city redevelopment plans as the geographical area 22 defined by the following boundaries: 23 24 a. Federal Highway Corridor Community 25 Redevelopment Plan. The boundary is the City 26 limits to the north, the Intracoastal Waterway to the 27 east, the City boundary to the south, and the Florida 28 East Coast Railroad (F.E.C.) and Palm Boulevard 29 (Northeast 4th Street) to the west. The legal 30 description is more particularly described in Exhibit 31 1.1, Appendix of the Federal Highway Corridor 32 Community Redevelopment Plan. 33 34 b. The Ocean District Communitv Redevelopment 35 Plan. The boundary is Northeast 3rd A venue to the 36 north, Seacrest Boulevard to the west, F.E.C~ 37 Railroad to the east, and Southeast 2nd A venue to 38 the south. 39 40 c. Boynton Beach Boulevard Corridor Plan. The 41 boundary is the commercially-zoned parcels located 42 along west Boynton Beach Boulevard, east of 43 Interstate 95, and west of Sea crest Boulevard. 44 45 46 I S:\CA\Ordinances\LDR Changes\l.:rban Commercial Overlay ú7l305.dGC II I 1 4. Development Standards. 2 3 a. Parcels shall have the following setback 4 requirements: 5 6 Front yard five (5) feet to fifteen (15) feet 7 Side (interior) yard zero (0) feet to fifteen (15) feet 8 Side (corner) yard ten ( 10) feet to fifteen ( 15) feet 9 Rear yard shall be defined by the applicable 10 zoning district regulations; 11 12 b. Maximum building height shall be defined by the 13 applicable zoning district regulations; 14 15 c. Maximum lot coverage for building( s) shall be 40 16 percent; 17 18 5. Landscape Requirements 19 20 Foundation landscaping and trees shall be installed 21 within the reduced building setback areas, between 22 the building( s) and property line( s), particularly, 23 where adiacent or visible from public and/or private 24 rights-of-way. 25 26 27 Section 3. Should any section or provision of this Ordinance or any portion 28 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 29 not affect the remainder of this Ordinance. 30 Section 4. Authority is hereby given to codify this Ordinance. 3] Section 5. This Ordinance shall become effective immediately. 32 FIRST READING this l~ day of July, 2005. 33 S:\CA \Ordinances\LDR Changes\Urban Commercial Overlay 071305 doc II I 1 SECOND, FINAL READING AND PASSAGE this ~ day of August, 2005. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 6 7 8 ayor 9 ~/~ I-- 10 11 12 .... C' ~~ 13 14 15 16 17 Commissioner 18 ATTEST: S :\CA \Ordinances\LDR Changes\Urban Commercial Overlay 07l305.doc