12-006 1 ORDINANCE NO. 12 -006
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4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
5 BOYNTON BEACH, FLORIDA AMENDING THE LAND
6' DEVELOPMENT REGULATIONS BY AMENDING CHAPTER 3,
7 ' ARTICLE IV, USE REGULATIONS, SECTIONS 3D AND 3E TO
8 ' ALLOW SCHOOLS IN THE PUD ZONING DISTRICT, ALLOW
9' COMMERCIAL ACTIVITIES IN CITY PARKS ZONED REC AND
' MODIFY THE RESTRICTIONS ASSOCIATED WITH BEVERAGE
10 :!
11 i a AND FOOD MANUFACTURING ESTABLISHMENTS; PROVIDING
P11 FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN
1311 EFFECTIVE DATE.
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151,
161! WHEREAS, staff is proposing amendments to the Land Development Regulations
171: (LDR) to allow elementary, middle and high schools in the Planned Unit Development
18 1 ; (PUD) zoning district; and
19 3 i WHEREAS, staff is proposing amendments to the LDR to change the use matrix to
20 formally recognize and allow commercial activities as allowable accessory uses in connection
21 ; with City parks which would provide additional services, recreational opportunities and
22 convenience to park visitors as well as potentially providing additional revenue to the City;
23 i and
24 1 . WHEREAS, staff is proposing minor changes to the restrictions associated with
25' tasting rooms of beverage and food manufacturing establishments in an effort to make it more
26;! clear and user - friendly; and
27 Y WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the
281 best interest of the citizens and residents of the City to amend the Land Development
29' Regulations to allow schools in the PUD zoning district, allow commercial activities in City
30' parks zoned REC and modify the restrictions associated with beverage and food
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31 manufacturing establishments.
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I NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
2 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 Section 1. The foregoing whereas clauses are true and correct and are now ratified
4 and confirmed by the City Commission.
5 Section 2. Chapter 3, Article IV, Sections 3D and 3E of the Land Development
6 Regulations, are hereby amended by adding the words and figures in underlined type, as
7 follows:
8 See attached.
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10 Section 3. Chapter 3, Article IV, Use Provisions of the Land Development
11 Regulations, is hereby amended by adding the words and figures in underlined type, as
12 follows:
13 ( Part III (LDR), Chapter 3, Article IV, Section 3E.
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15 4. General Note.
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17 j a. C -4 district. If proposed on a site that fronts on an arterial or collector roadway, the
18 ' establishment shall be required to have an accessory commercial component (i.e., tasting room and retail
19 showroom) to the operation. The size of the tasting room / retail showroom shall be at least 10% of the
20 , ( gross floor area or 1,000 square feet, whichever is greater. This minimum size requirement is not
21 ' applicable to those establishments which do not front on an arterial or collector roadway. No use shall
22 be carried out so as to allow the emission of objectionable or offensive odors or fumes in such
23 concentration as to be readily perceptible at any point at or beyond the boundary of the zoning district.
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25 b. M -1 district.
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27 (1) These establishments may include an accessory commercial component (i.c., tasting
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30 public after 10 p.m., exccpt Fridays and Saturdays, whereby it may remain open until 11 p.m.
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33 (1) An accessory commercial component (i.e., tasting room and retail showroom) shall be
34 , required for any establishment located on an arterial roadway. In all other instances, an
35 accessory commercial component is optional. Where optional or required, the tasting room,
36 retail showroom, and /or facility tours shall not be open to the public after 10 p.m., except
37 Fridays and Saturdays, whereby it may remain open until 11 p.m. The maximum size of the
38 ; tasting area shall be as follows.
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1 (a) For establishments under 10,000 square feet or less: 20% of the gross floor
2 area but not to exceed 1,500 square feet.
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4 (b) For establishments greater than 10,000 square feet, Not to exceed 1,500
5 square feet
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7 (2) No drive -up, drive- through, or drive -in facilities shall be allowed.
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9 (3) The establishment is ineligible for a live entertainment permit.
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11 15. General Note.
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13 a. REC district. The proposed use is allowed as an accessory use to a City -owned and
14 operated park facility.
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17 16. -1-5- Ocean Avenue Overlay Zone (OAOZ).
18,
19 ' a...
20 ' b...
211 c...
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23 1 Prohibited on the ground level of buildings that front on Ocean Avenue.
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25 ; 2. When proposed in this zoning district, the subject use shall only be allowed on property located
26 : within the OAOZ or as otherwise allowed by these land development regulations
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2 3 Only allowed as an accessory use to an ARTS CAMPUS located in the OAOZ or as otherwise
29 ! allowed by these land development regulations.
3E 4 Community facilities, other than public parking, shall be restricted to the area of Ocean Avenue
32; between Seacrest Boulevard and Northeast I st Street.
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34 39. 38. Mobile Vending Unit (MVU).
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36 a. C -2 district, C -3 district, C -4 district, CBD district, PCD district, a.nd all "Mixed Use"
37 districts, and REC district. See Chapter 3, Article V, Section 10 for additional regulations
38 , regarding an MVU.
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4011 Section 4. Should any section or provision of this Ordinance or any portion
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411 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
42 ' affect the remainder of this Ordinance.
43! Section 5. Authority is hereby given to codify this Ordinance.
44! Section 6. This Ordinance shall become effective immediately.
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1 FIRST READING this 3 day of April, 2012.
2 SECOND, FINAL READING AND PASSAGE this 17 day of A pr i 1 , 2012.
3 CIT 0 BOYNTON BEA , FLORIDA
4 /
5 / , -
6 Mayor W o t ,,, L. Hay
7 7(7
9 Vice M. c ' i ll Orlove
to
12 , Co issioner — Mack McCray
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15 Commissioner — S ven Holzmag,
16 — �
17 / -
18 Commissioner — Marlene Ross
19 ATTEST:
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21,1
2211 41.' .
23' i J. -t M. Prainito, MMC
24 _ y Cler.
25 G �.T Y
26 (C • e
2711
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Part III (LDR), Chapter 3, Article IV, Section 3.D
P = Permitted Residential Commercial Mixed -Use Indus Misc
C = Conditional
A = Accessory
X = Prohibited
CC _ •ci)
* (see Legend) Q Q ¢ Ca p 0 . p [a _.] a r ' U
N c^ = x N M .1- m U
J (see Legend) : c c o a 2 0 0 0 U U a. to 2 2 2 2 a a. cc Z
JJ (see Legend)
COMMERCIAL
Retail Sales
PPP P P P P P P P P A 15
Mobile Vending 38
Unit (MVU) * * * * * * * * * *
39
2
Novelty, Gift, P P P P P P P A A 6
Souvenir, & * * P P P P * * * * * * * 15
Miscellaneous 16
3
6
P AP PP P P P P P P P P A A 15
Restaurant * * * * * * * * * * * * * * * 16
43
44
1
3
Restaurant, Take- P P P P P P P P P P P P A 6
out * * * * * * * * * * * * * 15
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43
I COMMERCIAL
Services
Mobile Vending P PP P P P P P P P A
Unit (MVU) * * * * * * * * * * *
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ARTS, ENTERTAINMENT & RECREATIONAL
2
7
10
Entertainment, P P P P P P P A
Indoor * P P P P * * * * * * * 1 2
1 5
b8
69
Rentals, 7
Recreational 10
P P P P P A
(bicycles, canoes, PP P P * * * * * * 15
personal 72
watercraft)
73
EDUCATIONAL
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School, Primary C C C C C C P P p
17
and Secondary * * * * — * 76
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