22-024 1
2 ORDINANCE NO. 22-024
3
4
5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
6 APPROVING THE ESTABLISHMENT OF THE MIXED-USE DOWNTOWN
7 (MU-DT) ZONING DISTRICT (CDRV 22-004) AMENDING PART II LAND
DEVELOPMENT REGULATIONS CHAPTER 3.ART III. SEC 1.E (TABLE 3-4).
9 MIXED USE URBAN BUILDING AND SITE REGULATIONS AND SEC 5.C.1.
1() BUILDING AND SITE REGULATIONS (TABLE 3-22); PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
12
13
14 WHEREAS, at the request of the City Commission, staff proposes the establishment
15 of a new zoning district, Mixed Use Downtown (MU-DT); and
16 WHEREAS, the new zoning district will, notably, set a new maximum building height
17 of 85 feet for developing and redeveloping properties; and
18 WHEREAS, MU-4 and MU-C will be considered the predecessors to the new MU-DT,
19 but will remain intact to be utilized by properties who are currently designated as MU-4 and
20 MU-Core; and
21 WHEREAS, the City Commission of the City of Boynton Beach has considered the
22 recommendations and has determined that it is in the best interest of the citizens and
23 residents of the City of Boynton Beach, Florida to approve the amendments to the Land
24 Development Regulations as contained herein.
25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
26 OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. The foregoing whereas clauses are true and correct and are now ratified
28 and confirmed by the City Commission.
29 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3. Art
30 III. Sec 1.E Table 3-4. Mixed Use Urban Building and Site Regulations are hereby amended as
31 follows:
32 CHAPTER 3. ZONING
33 ...
34 ARTICLE III ZONING DISTRICTS AND OVERLAY ZONES
35 ...
36 Section 1.Overview
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37 ...
38 E. Mixed Use Urban Building and Site Regulations(Table 3-4).
39
40 ...
41 E. Mixed Use Urban Building and Site Regulations (Table 3-4).
MIXED USE, MU-1 MU-2 MU-3 MU-DT MU-4 MU-C
URBAN 13'14
Lot Area,
Minimum
(acres):
Public park N/A N/A N/A N/A N/A N/A
All other 0.50 0.75 1 1 1 1
uses
Lot Frontage, 100 100 2 1502 2002 200 2 200 2
Minimum
(kr
Structure Ht., 30 30 30 30 30 30
Minimum(ft.)
Maximum 45 65 75 85 100 150/1
Height(ft.)3 25"
Maximum 20 40 50 60 60 80
Density
(DUs/Acre)10•
12
Maximum 1.0 2.0 3.0 3.5 4.0 4.0
F.A.R.i'
Build-to-line
(ft.)s
All sides Factor of Pedestrian Zone Requirement'
abutting a
collector or
arterial road
Abutting a 0' 0' 0' 0' 0' 0'
Local street
Interior side 0' 0' 0' 0' 0' 0'
2
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Building
Setback,
Minimum(ft.)8
Rear
abutting:
Residential 255/05• 255 255 255 255 255
single-family 6
Intracoastal 255 255 255 255 255 255
waterway
Side abutting
Residential 255/05• 255 255 255 255 255
single-family 6
Usable Open N/A N/A 0.5% 2% 1% 2%
Space,
Minimum(sq.
ft.)9
42 ...
43
44 Section 3. City of Boynton Beach Land Development Regulations, Chapter 3. Art
45 III. Sec 5.C.1 Building and Site Regulations (Table 3-22) are hereby amended as follows:
46 CHAPTER 3.ZONING
47
48 ARTICLE III ZONING DISTRICTS AND OVERLAY ZONES
49
50 Sec. 5. Mixed-Use (Urban) Districts.
51 A. General.
52 1. Purpose and Intent. The urban mixed-use zoning districts are intended to implement
53 the CRA Community Redevelopment Plans and to provide for a mixture of land uses,
54 accommodating varying densities and intensities appropriate for each CRA district, and by
55 establishing quality streetscapes and pedestrian environments as part of a compact urban
56 setting. The mixed use districts also support transit ridership, in particular through higher
57 density and intensity development within the designated Downtown Transit-Oriented
58 Development District(DTODD). Additional standards and requirements of this section are
59 based on the proximity to the planned train station, and location within the transit core,
60 which is defined as the area extending one-quarter (1/4) mile from the train station. To
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61 ensure compliance with these Regulations. an application for site plan approval shall be
62 required and reviewed concurrently with any request to rezone lands to a mixed-use
63 (urban) district. except as provided in Section 2.D.1.e. Also see Chapter 4, Article III,
64 Section 6 for design and compatibility standards. The objectives of the mixed-use (urban)
65 districts are as follows:
66 ...
67 2. Description of Districts.
68 ...
69 c. Mixed Use 3 (MU-3). The MU-3 district implements the Mixed Use Medium (MXM)
70 future land use map (FLUM) classification of the Comprehensive Plan and has a maximum
71 residential density of fifty (50) dwelling units per acre, except within the Downtown Transit-
72 Oriented Development District (DTODD) (the Station Area), where the maximum density
73 may be sixty two and one-half(62.5) dwelling units per acre through participation in the
74 Workforce Housing Program. In addition, projects located within the transit core of the
75 Station Area shall have a minimum density of thirty (30) dwelling units per acre. This
76 minimum density requirement shall be applicable to any such project regardless of whether
77 the site is partially or entirely located within the transit core.
78 d. Mixed Use Downtown (MU-DT). The MU-DT district implements the Mixed Use
79 High (MXH) future land use map (FLUM) classification of the Comprehensive Plan and has
80 a maximum residential density of sixty (60) dwelling units per acre. Projects located within
81 the Station Area shall also have a minimum density of thirty (30) dwelling units per acre.
82 This minimum density requirement shall be applicable to any such project regardless of
83 whether the site is partially or entirely located within the transit core. The intent of this new
84 district is to facilitate the establishment of a downtown redevelopment, while in certain
85 locations also providing a proper continuum of, or transition in scale between the Mixed Use
86 Core (MU- C), Mixed Use 4 (MU-4), and Mixed Use 3 (MU-3) Districts. This zoning district
87 is to supplant the Central Business District (CBD) in the historic downtown and marina
88 district.
89 e. Mixed Use-4 (MU-4). The MU-4 district implements the Mixed Use High (MX-H)
90 future land use map (FLUM) classification of the Comprehensive Plan and has a maximum
91 residential density of sixty (60) dwelling units per acre, except within the Downtown Transit-
92 Oriented Development District (DTODD) (the Station Area), where the maximum density
93 may be seventy-five (75) dwelling units per acre through participation in the City's
94 Workforce Housing Program. In addition, projects located within the transit core of the
95 Station Area shall have a minimum density of thirty five (35) dwelling units per acre. This
96 minimum density requirement shall be applicable to any such project regardless of whether
97 the site is partially or entirely located within the transit core. The intent of this new district is
98 to facilitate the establishment of high density and intensity development nodes at strategic
99 locations that support downtown redevelopment, while in certain location also providing a
100 proper continuum of, or transition in scale between the Mixed Use Core (MU- C) and Mixed
101 Use 3 (MU-3) Districts. The district is considered the predecessor to the MU-DT (Mixed Use
102 Downtown) zoning district.
103 f. Mixed Use Core (MU-C). The MU-C district implements the Mixed Use High (MXH)
104 future land use map (FLUM) classification of the Comprehensive Plan and has a maximum
105 residential density of eighty (80) dwelling units per acre, except within the Downtown
106 Transit-Oriented Development District (DTODD) (the Station Area), where the maximum
4
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107 density may be one hundred (100) dwelling units per acre through participation in the
108 Workforce Housing Program. In addition, projects located within the Station Area shall have
109 a minimum density of thirty (30) dwelling units per acre. This minimum density requirement
110 shall be applicable to any such project regardless of whether the site is partially or entirely
111 located within the transit core.. The district is considered the predecessor to the MU-DT
112 (Mixed Use Downtown) zoning district.
113 3. Location and General Use Requirements.
114
115 f. Mixed Use Downtown (MU-DT).
116 (1) The Mixed Use Downtown (MU-DT) district shall only be applied to lands
117 classified as mixed use-high (MX-H) on the future land use map.
118 (2) The MU-DT district is appropriate for high density/intensity development
119 intended for the downtown area. Such developments shall include a mix of uses designed
120 in a compact vertical style. Developments proposed within the Downtown, as defined by the
121 CRA Plan. must contain a residential component and have space on the first floor devoted
122 to commercial uses for those portions of the project having frontage along a collector or an
123 arterial road.
124 (3) All new developments within this district shall front on streets designated as
125 "arterial" roadways on the Functional Classification of Roadways Map.
126
127 g. Rezoning of single-family districts. All requests to rezone any single-family
128 residential district to a mixed use zoning district shall be subject to the following additional
129 requirements:
130 (1) Height, density and intensity of development based on the standards indicated
131 in Table 3-22;
132 (2) Ratio of lot frontage to depth that is no more than one (1) foot (frontage) to one
133 and one-quarter (1.25) foot (depth);
134 (3) Vehicular access to the property located to minimize impacts on adjacent
135 single-family developments and meet safety standards; and
136 (4) Landscape barriers provided, in accordance with the landscape regulations of
137 this Code, where the rezoned property abuts single-family residential zoning.
138 B. Use(s) Allowed. See "Use Matrix, Table 3-28" in Chapter 3, Article IV, Section 3.D.
139
140
141
142
143
144
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145 C. Building and Site Regulations.
146 1. Building and Site Regulation (Table 3-22).
MIXED USE, MU-1 MU-2 MU-3 MU-DT MU-4 MU-C
URBAN13'14
Lot Area,Minimum
(acres):
Public park: N/A N/A N/A N/A N/A N/A
All other uses: 0.50 0.75 1 1 1 1
Lot Frontage,Minimum 100 1002 1502 2002 2002 2002
(ft)1
Structure Ht, 30 30 30 30 30 30
Minimum(ft.)
Maximum Height(ft.)3 55 65 75 85 100 150/12
54
Maximum Density 20 40 50 60 60 80
(DUs/Acre)10 ''
Maximum F.A.R" 2.5 3.0 3.0 3.5 4.0 4.0
Build-to-line(ft.)":
All sides abutting a Factor of Pedestrian Zone Requirement'
collector or arterial
road
Abutting a Local street 0' 0' 0' 0' 0' 0'
Interior side 0' 0' 0' 0' 0' 0'
Building Setbacks,
Minimum(ft.)6:
Rear abutting
Residential single- 255/0 255 255 255 255 255
family 5.6
Intracoastal 255 255 255 255 255 255
waterway
Side abutting
Residential single- 255/0 255 255 255 255 255
family: 5.6
Usable Open Space, N/A N/A 0.5% 2% 1% 2%
Minimum(sq.ft.)9
147
148 1. May be reduced if frontage extends from right-of-way to right-of-way.
149 ...
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151 Section 4. Each and every other provision of the Land Development Regulations
152 not herein specifically amended, shall remain in full force and effect as originally adopted.
153 Section 5. All laws and ordinances applying to the City of Boynton Beach in
154 conflict with any provisions of this ordinance are hereby repealed.
155 Section 6. Should any section or provision of this Ordinance or any portion
156 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
157 affect the remainder of this Ordinance.
158 Section 7. Authority is hereby given to codify this Ordinance.
159 Section 8. This Ordinance shall become effective immediately.
160 FIRST READING this 6th day of December, 20222.
161 SECOND, FINAL READING AND PASSAGE this3'day of ja i1 , 20211
162 CITY OF BOYNTON BEACH, FLORIDA LI
163
164 YES NO
165
166 Mayor—Ty Penserga
167
168 Vice Mayor—Angela Cruz
169
170 Commissioner—Woodrow L. Hay ✓
171
172 Commissioner—Thomas Turkin ✓
173
174 Commissioner—Aimee Kelley
175
176 VOTE
177 A ET:
17:
179 : ►—
1101,0
180 Mayl i . esus, MP• MCT -`'�
181 City Ma •r
182 - O'(NTo / l
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183 ;� :coRPORarF.6', APP E A O Fe
184 (Corporate Seal) ;al SEAL ' r
185 ; :INCORPORATED:
186 ' 6.: 1920 S Michael D. Cirullo,Jr.
187 '� City Attorney
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