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17-016 ,x/,(7,1 ORDINANCE NO. 17-016 1rti'/77-L®/CA a)Al AN ORDINANCE OF THE CITY OF BOYN 'ON BEACH, FLORIDA AMENDING THE LAND I VELOPMENT REGULATIONS AMENDING CHAPTERS 2 AND 3 TO CONTINUE THE IMPLEMENTATION OF HE COMMUNITY REDEVELOPMENT PLAN WITH THE .TABLISHMENT OF THE NEW BOYNTON BEACH BOULEV. RD OVERLAY ZONE a REGULATING SITE DEVELOPMEN STANDARDS, ZONING USES, AND URBAN DESIGN STAN DARDS; PROVIDING FOR CONFLICTS, SEVERABILITY, ' ODIFICATION AND AN 1 EFFECTIVE DATE. ld 1. 1 WHEREAS, the CRA Plan a "the Consolidated Plan") was adopted on 1 October 4, 2016; and 19 WHEREAS, some r- ommendations of the Plan also include overlay zones 20 intended to provide specific ,equirements pertaining to scale, design, and architecture for 2 two geographic areas; an• 2> WHEREAS, e requirements modify some of the regulations of their underlying 2; zoning districts; an© 2 WHE' PAS, staff proposes these code amendments to further implement the 2, CRA's Com, unity Redevelopment Plan and to support continued quality development 2, and redeve'lop ment of the area; and . 2 /WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 2: thelest interest of the citizens and residents of the City to amend the Land Development 29 Regulations to continue implementation of the Community Redevelopment Plan with the 31 r' establishment of the new Boynton Beach Boulevard Overlay Zone regulating site /3 development standards, uses and urban design standards. -1 - 3. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 3 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 34 Section 1. The foregoing whereas clauses are true and correct and are now 3 ratified and confirmed by the City Commission. 34 Section 2. Chapter 2, Article II, Planning and Zoning Di .sion Services, 3 Section 4, Relief Applications, of the Land Development Regulatio.s, is hereby amended 3: by adding the words and figures in underlined type, as follows: 3' Chapter 2, Art. II. Planning and Zoning Division Services 41 Sec. 4. Relief Applications 4 ... 4 E. Waiver (Ocean.AvenueCultural. District Overlay Zone and Boynton Beach Boulevard 4 Overlay Zone). ----7 44 1. General. 4' a. Purpose and Intent. The purpose of this subsection is to provide an efficient relief 4a process to allow for deviations from certain requirements and standards of Chapter 4 3 and Chapter 4 as they pertain to the Ocean AvenueCultural District Overlay 4: Zone (OAOZ CDOZ ) wind Boynton Beach Boulevard Overlay Zone (BBBOZ). 4 I The intent of this application is not to provide a means for circumventing any such 51 requirement or staptiard but to allow for a departure from the code upon 5 demonstration that the subject request satisfies the intent of the review criteria 5: contained here/n. 5 b. Applicability' For property located within the OAOZ CDOZ or the BBBOZ, the 54 waiver pr�.cess shall be available for deviations from any development and design 5' standards of Chapter 3, Article III, Section 8.D. 51 2. Submittal Requirements. The applicant shall submit a letter that addresses the 5 review criteria of Section 3.E.3. below, in addition to submitting any plans and 5: exhibiterequired by the accompanying site plan, whenever applicable. 5' 3. Re iew Criteria. The applicant shall justify each waiver request as part of the i tiapplicant 61 application for site plan or site plan modification.on The shall document the 61 nvture of the request, the extent of its departure from the standard regulation, and the 6- b'asis for the request. The City may request additional information and documentation 6 from the applicant, such as a shared-parking study, or other type of performance 64 related analysis that further justifies the waiver request. The burden of proof shall be -2- 6' on the applicant to present a superior design alternative and demonstrate that the 6: application would further the purpose and intent of the Overlay ZoneOAOZ_and not 6 have any detrimental impact on adjacent properties or the surrounding area. 6: 4. Approval Process. A waiver request may be approved by staff if the subject 6 request is reviewed concurrently with a minor site plan modification application, and 71 such application requires administrative review pursuant to the review criteri of 7 Section 2.F. above. Otherwise, the waiver application requires review by t City 7: Commission and shall be processed in accordance with Chapter 2, Article , Section 7 3. 74 5. Denial. Upon the denial of an application for relief hereunder, in hole or in part, 7' a period of one (1) year must elapse prior to the filing of the same - similar 7: application affecting the same property or any portion thereof; h wever, this 7 restriction shall not apply to applications which further the i y's economic 7: development, workforce housing, or green building grog ms. 7' 6. Expiration. A waiver shall remain valid as long alb e corresponding site plan or 81 site plan modification approval remains in effect, 9ritnless there is any amendment to 8 the original waiver. Any amendment to the orig. .al approval shall require application 8. for, and approval of, a new waiver. 8 84Section 3. Chapter 3, ArticleII, Zoning Districts and Overlay Zones, Section 8' 8, Overlay Zones, of the Land Development Regulations, is hereby amended by adding 8: the words and figures in underlinetype,d as follows: g 8 Article III Zoning Districts,nd Overlay Zones 8: ... 8 Sec. 8. Overlay Zone 91 ... �f 9 F. Boynton Beach Boulevard Overlay Zone 9. 1. Purpose and Intent.The Boynton Beach Boulevard Overlay Zone (BBBOZ) is comprised 9 of multiple properties and a mix of zoning districts that currently accommodates primarily 94 commercial, residential (single-family), and institutional land uses. The CRA Redevelopment 9' Plan recommends the Mixed Use Low, Mixed Use Medium, and Mixed Use High Future Land 9: Use Classification along Boynton Beach Boulevard, increasing in intensity as the District 9 approached Downtown. The purpose and intent of the BBBOZ are as follows: 9: a. Provide for a mix of selected commercial, residential, and office uses, with an 9' emphasis on employment and entertainment uses that will encourage -3- 101 redevelopment of underutilized property and enhance the pedestrian scale and 10 character of the area; 10. b. The western area is to act as a welcoming and attractive entry to the City, while 10 the eastern area is to act as the entry to the City's Downtown; 10, c. Encourage the location of restaurant, retail, office, and entertainment 10' establishments, along with pedestrian-friendly improvements that would d 10 complement and support the Downtown. / 10 d'. Continue implementation of various recommendations contain d within CRA 10: Redevelopment Plan related to; 10' e. Ensure that redevelopment within this area, regardless of underlying zoning 111 district, will maintain a consistent character; and 111 f. Improve overall livability of the general area and sta ilize and improve property 114 values. 11 , 114, 2. Defined.The Boynton Beach Boulevard Overlay Zone (BBBOZ) shall be bounded on the 11' east by the Florida East Coast Railroad (F.E.C.), on t h e west by NW 5th Street,further by 11: Interstate 95, on the south by NE and NW ft Ave.rue, and on the north by NE 3rd Avenue 11 and NW 3rd Court. 11 11' 3. Conflict. Unless deemed otherwise by, he Planning &Zoning Director, in the event of 121 any conflict between the provisions of the Boynton.Beach Boulevard Overlay Zone and any 121 other sections of the Land Development Regulations,the provisions of this section shall 12. prevail.These provisions shall not be/construed to supersede any federal, state, or county 12 laws 12,1 12' 4. Uses: Active commercial uses shall be required on the street frontage of Boynton Beach 12: Boulevard. 12 12: a. Uses shall be determined by the underlying zoning district, see "Use Matrix 12' Table 3-28" in Chapter 3, Article IV, Section 3.D, with the exception of the following 131 prohibited uses 13 Accessor'/Dwelling Unit 13. Dwelling', Single-family(detached) 13 Dwelling,Two-family(duplex) a 13. Auto,Dealer, New 13' Auto Dealer, Used 13: Automotive Parts Store 13 Boat Dealer/Rental r 13: /Cleaning Supply Store (Swimming Pool,Janitorial) 13' / Convenience Store 141 / Gasoline Station 14 1/ Auto Broker -4- 14. Automobile Rental 14 Automotive, Major Repair 14, Automotive, Minor Repair 14' Automobile Rental 144 Auto/Car Wash, Self-serve Bay 14. Furniture & Home furnishing, unless integrated into a mixed usIevelopment 14: Auto/Car Wash (Polishing, Waxing, Detailing) 14' Showroom warehouse (single-product line) 151 Merchandise, Used (Other) 15 Merchandise, New(Supercenter, Discount, Department, Club) 15. Home Improvement Center 15 Automotive Window Tinting/Stereo Installation/Alarms 15, Coin-operated Laundry 15' Funeral Home 151 Pet Care (Boarding and Daycare) 15 Cemetery 157 Church 15'^ Civic& Fraternal Club/Organization 16m Group homes Type I, II, III, and IV/ 16 College, Seminary, University ' 16. School, Primary and Secondary 16 School, Industrial &Trade 16, Shooting Range, Indoor 16 Adult entertainment / 166 Temporary employment agency 16 Social service agency 16: All Industrial Uses 16'' b. Any other auto ,obile-oriented use not listed above are prohibited. 17(1 (1) An "automobile oriented use" shall be construed as a business which has a 17 principal pu 6ose of servicing an automobile or consists of a building type or 17. feature w,ich is designed for an automobile. 17 c. Drive-throughs are prohibited. 17 (1) Drive-tfiroughs may only be permitted when the drive-thru not visible from any 17" right7of-ways; and 17. (2) Drive-throughs must be designed to be completely behind a portion of the 17' building or structure it serves. 17, d. /Live-work units are permitted, but may not front Boynton Beach Boulevard or 17') Se'acrest Boulevard. 180 e. ;' Additionally, no legally, existing use shall be deemed non-conforming as a result 18 (of the BBBOZ regulations. 18 -5- 18 18, 5. Modified Building and Site Regulations. MODIFIED BUILDING/SITE REGULATIONS' Boynton Beach Boulevard Overlay Zone Minimum Lot Area: 0.75 acre Minimum Lot Frontage: Boynton Beach Boulevard 150 feet Pedestrian zone: Minimum street tree area3: 5 feet / *Measured from the back of curb Minimum sidewalk width2: 8 feet clear / *Measured from the centerline of street trees Minimum active area width: 8 feet4 (Applicable to Boynton Beach Boulevard and *Measured from edge of the sidewalk Seacrest Boulevard street frontages) Overhead utilities: Must be and rgrounded in conjunction with any new developmeit or major modification of existing developments. / Build-to line: Abu}s the pedestrian zone Minimum building frontage: 7/5%of the lot frontage must be occupied by (Applicable to Boynton Beach Boulevard, Seacrest /structure adjacent to the pedestrian zone Boulevard) / .. Maximum structure height: / See Corresponding Zoning District Bo nton Beach Boulevard and Seacrest Bo(ilevard 45 feet Any additional height permitted by the zoning districts must be stepped back proportionately to the overall height,a minimum of 10' and for every 50 feet above 45 feet in height'an additional 10 feet stepback is required. Minimum structure height: 30 feet On-street parking: Required where possible and in accordance with the City's Engineering Standards. Minimum yard setbacks! Rear: 10 feet / Abutting NW 1 t Avenue,NE 3rd Avenue,NW 20 feet The rear property line shall contain a continuous 3rd Avenue:, vegetative buffer. Interior side/ 0 feet / Minimum/Public Space: 1%of lot area -6- I No legally existing building or structure shall be deemed non-conforming with respect to setbacks, lot coverage, or building height. 2 Sidewalks shall be constructed of Holland-stone pavers,red/charcoal color mix by Paver Systems,Inc.,or equal, laid in a 4S herringbone pattern. 3 Canopy trees are required 1 per 25 feet. 4 Permanent structures such as columns,balconies,and walls are not permitted within the regi,i active area. 18 Pedestrian Zone Requirements -- 1 .. } t Y yrs ; ,,- 4'' 14( '54L4P, '71'' . ' " f, a 1 Sidewalk Active area 1 Street _e area--____._-- -1.8'6" .—.—.— ------ 18, 18 ' 18� 18° 6. Accessory St uctures. 190 a. Fences: 19 (1) Fences along street frontages are not permitted on Boynton Beach Boulevard or 19: Seacrest Boulevard. 19 (2 Fences along any street frontages shall not exceed three (3)feet in height. 19, (3)° Any fence that is proposed in the reminder of the District shall be decorative in 19nature. Walls, chain link, board on board, shadowbox, and similar types of 1911 fences are prohibited. -7- 19 b. All parking, mechanical equipment,-trash containers, and miscellaneous 19: equipment shall be landscaped-to be screened from view. 19' ,.r s,. -8- 201 20 i 7. Building Design. 20. a. Building orientation. Lots with frontage on Boynton Beach Boulevard must 1 20 orient structures to Boynton Beach Blvd. The main pedestrian entry, or front door, 20, must be fronting Boynton Beach Boulevard. 20' b. Boynton Beach Boulevard and Seacrest Boulevard shall have maximized glazing 20( on first floors. ,r/ / Fenestration Requirements / / Ground-level building facade occupied by transparent window or door openings Commercial Mixed-U Residential (minimum area) Developments 04 Development(%) / Boynton Beach Boulevard 502 // 30' Seacrest Boulevard SO2/ NOTES: / I. These standards also apply to any portion of a ground-level facade facing a courtyard or patio. 2.To count toward this transparency requirement, a window or door opening must have a maximum sill height of 2 feet above grade and a minimum head height; f 6 feet, 8 includes above grade. i 1 20, 20;. c. Any transparent window and door openings occupying a ground-level street- 20' facing building facade shall comply/with the following standards: 21 (1) The opening shall be filled with glazing that has a minimum visible light 21 transmittance of 75 percent/and a maximum reflectance of 15 percent. 21. (2) The opening shall be designed to allow view of an interior space at least five 21 feet deep (e.g., transparent openings may include traditional storefront display • 21, windows, but not merely glass display cases).The view into a commercial use 21 shall not be permanently obstructed by screens, shades, shutter, or opaque 214 films applied to the'glazing. 21 / / 21 d. Building Wall Articulation. / 21' a. Vertical articulation.Walls shall be offset by a minimum depth of two 221 (2)feet'once ever fifty (50) linear feet. 22 b. Horizontal Articulation. Buildings shall step-back a minimum of ten (10) 22. feet once the structure reaches forty-five (45) feet in height. Buildings must 22 step back an additional ten (10) feet for every additional fifty(50)feet in 22, height; the additional required step-backs may be dispersed in varying 22` fI offsets. ' - I >° S. -9- ..41e „4„.40t. 440., ,.. , „. , Ai„,„, 0 i, : 0 .. „ 0 1 011% 0 UNDESIRABLE ARCHITECTURAL VERTICAL ARTICULATION HORIZONTAL ARTICULATION TREATMENT ADDED ADDED ,'PLAZA AREA CREATED IN THE / BUILDINGS SETBACK AREA MAJORITv OF BUILDING ' WALL LOCATED ALONG STREET R.O.W. I, Nil • 1 or //// -NN , „ . N.,/,,/ r 410 UP TO 25% OF MAJOR BUILDING FACADE MAY BE " 4110"41111›,-. --.' 411111110,„ SETBACK FROM THE STREET / / CLIP BACK BUILDING Cp'RNER ' PERMITTED ALLEY DESIGN / v• lop AT MAJOR INTERSECTION BETWEEN / , CORNER BUILDINGS i "./ ' .S �� ' 111\ ' PEDESTRIAN CUT THRU / /'>/---INV ���� ' ' ' -- AT CORNER `�V' / . N. . / `\` /=^_ - zz� / `-- 22 . '0 ^ 22: 22' 8. Parking. 231 a. Minimum Number of Required Spaces. The minimum number of required off-street 23 parking spaces shall be calculated in accordance with Chapter 4, Article V, Section 2 23. 23 b. Allowable Location of Off-Street Parking Spaces. 23, (1) The intent of the BBBOZ is to screen off-street parking areas ft-Jen abutting 23' rights-of-way and locate buildings along front and side coorrpeCproperty lines. 23: Therefore, on-site parking shall be located within rear a(d side interior yards for 23 all new projects and those in which parking areas would be altered to 23: accommodate a proposed building renovation of/ expansion. 23' (2) Existing parking areas for existing developmefts may remain if the spaces are 241 unaltered as part of any building renovation or expansion. In these instances, 241 the existing off-street parking area sha l'be substantially screened from off- 24. premises by a hedge, decorative fencing, off- / arcades, or a combination thereof, 24 provided that such proposal remain consistent with the intent of the BBBOZ, 24, and to the standards of the urbain landscape code to the maximum extent 24' possible. Any deviation from/the above standards would require the approval of 24: a waiver in accordance with,/Chapter 2.Article II, Section 4.E. 24 (3) New developments with.a Mix Use Low Land Use classification are permitted 24: one (1), single loaded, PO/ of parking in front of the building. 24' c. Exceptions to Providing Requied Parking. See Chapter 4, Article V, Section 4.A. for 251 additional provisions regarding exceptions to providing required off-street parking. 25 /1 25. 9. Signage and Exterior Lighting Standards. I 25 �;' 25, a. Signs permitted within the Boynton Beach Boulevard Overlay Zone shall be externally 25' illuminated only, acid consist of wall mounted, and/or a projecting sign. 25: b. The size of wall mounted signs shall be calculated at one-half(0.5) square foot of sign 25 area per one (1)Aineal foot of building frontage measured along the main building 25: entrance. / 25' c. Projecting sighs are only permitted on the first floor. Projecting signs and mounting 261 brackets shall be decorative in nature, and the sign face shall not exceed five (5) square 261 feet in size 26. d. Undercaniopy signs are permitted one per doorway and shall not exceed 3 square feet 26 each. All undercanopy signs must have a minimum clearance of 8' 26, e. Properties with over 250 feet of linear street frontage on Boynton Beach Boulevard are t 26' permitted one monument sign with a maximum height of five (5)feet, a maximum 261 depth of eighteen (18) inches, and a maximum area of forty (40) square feet. 26 Moinuments signs shall be oriented perpendicular to the street. 26. f. Prohibited sign types: Freestanding signs, roof mounted signs, any signs above 40 feet 26' (first four (4) stories), animated, or moving signs. -11 - 271 g. All Mixed-use developments are required to provide a plan for parking signage to 27 maximize awareness of and access to public parking locations. 27 h. General lighting of the site shall harmonize with and blend into residential/mix d use 27 environment. Ground lighting and up lighting of the building and landscapin is 27, encouraged. However, when the use of pole lighting is necessary, the fixe` re height shall 27' not exceed fifteen (15)feet, be decorative in nature and compatible w1'h the color and 27: architecture of the building. 27 27:• 27' Section 4. Should any section or provision of is Ordinance or any portion 281 thereof be declared by a court of competent jurisdictia to be invalid, such decision shall 28 not affect the remainder of this Ordinance. 28. Section 5. Authority is hereby giv- to codify this Ordinance. 28 Section 6. This Ordinance shal •ecome effective immediately. 28A FIRST READING this 20th day .f June, 2017. 28 SECOND, FINAL READ AND PASSAGE this day of 28i 2017. 28 ITY OF BOYNTON BEACH, FLORIDA 28: YES NO 28' 291 Mayor— Steven B. Grant 29 29, Vice Mayor—Justin Katz 29 29, Commissioner—Mack McCray 29' 29i Commissioner—Christina L. Romelus 29 29: Commissioner—Joe Casello 29° 301 ;�' VOTE 30! ATTEST: 30• 30 30, Judith A. Pyle, CMC 30' City Clerk 30i (Corporate Seal) -12-