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12-006 1 ORDINANCE NO. 12 -006 2 3 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. 1411 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 f 9 31 manufacturing establishments. ' 1 Document in Windows Internet Explorer - I ; 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. 9 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. 14 15 4. General Note. 16 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. 24 25 b. M -1 district. 26 '� 27 (1) These establishments may include an accessory commercial component (i.c., tasting 28 .. .. .. _ .._ .. _ 29 :.'• :. : _ :: 30 public after 10 p.m., exccpt Fridays and Saturdays, whereby it may remain open until 11 p.m. 31 32 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. 39 ' tl Document in Windows Internet Explorer tl ,, I 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. 3 4 (b) For establishments greater than 10,000 square feet, Not to exceed 1,500 5 square feet 6 7 (2) No drive -up, drive- through, or drive -in facilities shall be allowed. 8 9 (3) The establishment is ineligible for a live entertainment permit. 10 11 15. General Note. 12 13 a. REC district. The proposed use is allowed as an accessory use to a City -owned and 14 operated park facility. 15 16 17 16. -1-5- Ocean Avenue Overlay Zone (OAOZ). 18, 19 ' a... 20 ' b... 211 c... 22 23 1 Prohibited on the ground level of buildings that front on Ocean Avenue. 24 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 27 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. 33; 34 39. 38. Mobile Vending Unit (MVU). 35 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. 39 4011 Section 4. Should any section or provision of this Ordinance or any portion i 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. Document in Windows Internet Explorer -3- 11 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 13 14 15 Commissioner — S ven Holzmag, 16 — � 17 / - 18 Commissioner — Marlene Ross 19 ATTEST: 20 21,1 2211 41.' . 23' i J. -t M. Prainito, MMC 24 _ y Cler. 25 G �.T Y 26 (C • e 2711 1 I Document in Windows Internet Explorer 1 4 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 42 43 I COMMERCIAL Services Mobile Vending P PP P P P P P P P A Unit (MVU) * * * * * * * * * * * 39 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 -t6 School, Primary C C C C C C P P p 17 and Secondary * * * * — * 76 77 Document in Windows Internet Explorer -5-