R02-006RESOLUTION NO. RO~ - (50 Q~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THAT A "NOTICE OF INTENT' BE
ISSUED IN PREPARATION FOR THE CONDLICTING
OF A PLANNING STUDY AND IMPLEMENTATION
OF REDEVELOPMENT FOR AREA LOCATED EAST
OF SOUTH CONGRESS AVENUE, WEST OF THE
EXISTING M-I ZONING DISTRICT, NORTH OF THE
L-30 LWDD CANAL AND SOUTH OF THE L-28
LWDD CANAL; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, staff is requesting Commission approval to initiate planning studies for
the area located east of south congress avenue, west of. the existing M-1 zoning district, north
of the 1-30 LWDD canal and south of the 1-28 LWDD canal (herinafter "stud area''~ A
y j. ~map
of the study area is attached hereto as Exhibit "B"; and
WHEREAS, this Notice of Irttent represents a formal announcement of said planning
activities, and the period during which time all applications related to development activity
proposed within the study area, must be abated or conform to restrictive temporary
regulations; and
WHEREAS, this Notice of Intent will be in effect from the date of adoption and
thereafter for a maximum period of 180 days unless otherwise extended by the City
Commission by subsequent Resolution following public heating.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
hereby does hereby issue the attached Notice of Intent.
Section 2. That this Resolution shall become effective immediately up.on p~sage.
Section 3. A copy of the Notice of Intent shall be mailed to all property owners
who own land in the study area.
PASSED AND ADOPTED this ~ day of January, 2002,
ATTEST:
(Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Vice Mayor
Commissioner
"EXHIBIT Au
NOTICE OF INTENT TO ADOPT
PENDING LAND DEVELOPMENT AMENDMENT
NOI #2002-01
STATEMENT OF PURPOSE AND SCOPE OF STUDY
The purpose of this Notice of Intent is to declare, m anticipation of an amendment to the Future
Land Use Map, Official Zoning Map and Land Development Regulations, a study period to:
A. Identify existing uses and development characteristics of property zoned for industrial
uses within the Affected Area;
B. Identify existing uses and development characteristics of properties within the
wcinity of the Affected Area;
C. Evaluate the best use and zoning for both developed and undeveloped properties
within the Affected Area;
D. Evaluate existing zoning and site regulations applicable to the Affected Area;
AFFECTED AREA
The study area ("Affected Area") shall be specifically described as the area bounded by the Lake
Worth Drainage District (LWDD)L-28 Canal on the north, the existing M-1 zoning district
boundary on the east, the LWDD L-30 Canal on the south, and Congress Avenue fight-of-way
on the west (see attached Exhibit "A"). '
GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENi'
REGULATIONS (LDR)
Addition or deletion to permitted, conditional or prohibited uses within the M-1 zoning
district applicable to the Affected Area; and
Creation of overlay zoning district with design criteria and specified industrial, office,
commercial and/or residential uses applicable to the property within the Affected Area.
AFFE CT ON DEVELOPMENT 1]? REGULATION ADOPTED
If findings from study reveal potential land use incompatibilities between the Affected Area and
adjacent properties and uses, the intent of new regulations generated fi:om the study will be to
mimmize potential impacts of uses within the Affected Area upon adjacent properties.
EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH AR~,;
THE SUBJECT OF THE STUDY AND MAY BE AMENDED
LDR, Chapter 2, Section 8 Industrial district regulations and use provisions
LDR, Chapter 7.5, Article II Landscape Code
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
Commissmn, following public heating 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 PENDINt;
REGULATION WOULD AFFECT
Effective on adoption of this Notice, all new applications for industrial development or uses
within the Affected Area shall be limited to conditional use and occupational license applications
for all uses permitted under the Land Development Regulations, Chapter 2. Zoning, Section
8.A. 1 (Permitted uses no distance requirement), and permit applications for previously approved
developments or minor modifications of existing approved projects. Ali uses listed under
Sections g.A.2, 8.A.3, and 8.A.4 shall be considered prohibited uses while this Notice of Iment is
in effecT.
This Notice of Intent shall only apply to said alXplications accepted by the City after the Notice of
Intent is executed.
COLLATERAL DOCUMENTS
Development Department Memorandum No. 01-279
ADDITIONAL NOTICE
]'he Notice of Intent shall be posted in the Development Department and in the notice
case located ar the main enu:ance ro Ci.ty Hall.
A copy of the Notice of Intern shall be mailed to the Chamber of Commerce.
Following issuance of this Notice of Intent, the notice shall be provided ro all applicants
who may be potentialI3 affected by the pending study and regulatory changes. This
notice shall be provided to those individuals by mail, facsimile, electronic mail or m
person. Comments including written objections to the Notice of Intent, shall be accepted
by the Development Department Director fi:om recipients of this notice.
Neither failure by the City Clerk to provide notice as set forth in this section not the lack of
awareness of any potentially affected applicant shall not invalidate the applicability of this
notice.
Dated: December 31, 2001
Adopted by Resolution number _R0~- ooG of the City Commission of the City of Boymon
Beach, Florida the~ ,~ day of,.J~,r,/ 200,~_.
Affected Area
EXHIBIT
LONE PIi"J E~
17TH
2000 0 2000 Feet