ORDINANCE NO. 15- Regulations (LDR) which would further the codification of TOD regulations that

Transcription

1 ORDINANCE NO. 1- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE II, DEFINITIONS; CHAPTER, ARTICLE III, SECTION 1, OVERVIEW; CHAPTER, ARTICLE III, SECTION ; CHAPTER, ARTICLE III, SECTION ; CHAPTER, ARTICLE III, SECTION, OVERLAY ZONES; AND CHAPTER, ARTICLE III, SECTION, TO SUPPORT THE CONTINUED IMPLEMENTATION OF THE DOWNTOWN TRANSIT ORIENTED DEVELOPMENT (TOD) OVERLAY STANDARDS, INCLUDING PROVISIONS FOR A % DENSITY BONUS FOR SELECTED FUTURE LAND USE CLASSIFICATIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, staff is proposing amendments to the Land Development Regulations (LDR) which would further the codification of TOD regulations that commenced in 0 and continued in 01 with the establishment of a Downtown Transit Oriented Development District within the Comprehensive Plan; and WHEREAS, the proposed amendments would implement Future Land Use Element Policy 1.1.1, which established a Downtown TOD District, and Policy 1.1..b, which allows twenty-five percent (%) density increase for selected future land use classifications within the District; and WHEREAS, the City Commission deems it to be in the best interest of the citizens and residents of the City to amend the Land Development Regulations as proposed to support the continued implementation of the Downtown Transit Oriented Development (TOD) overlay standards, including provisions for a % density bonus for selected future land use classifications. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now

2 ratified and confirmed by the City Commission. Section. Chapter 1, Article II, Definitions, of the City of Boynton Beach 1 Code of Ordinances, Part III, Land Development Regulations, is hereby amended as follows: STATION AREA- A geographic area established for planning and regulatory purposes, and which is characterized by "Compact Development" within a one-half (1/) mile radius around a transit station. Within the framework of TOD and transit station planning, this area includes the "Transit Core." See "Transit Core." The Station Area of a ½ mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, the anticipated location of the Downtown Boynton Beach Station for the planned commuter Tri-Rail Coastal Link service on the FEC Corridor, coincides with the Downtown Transit-Oriented Development District (TODD). Section. Chapter, Article III, Section 1, Overview, of the City of Boynton 1 1 Beach Code of Ordinances, Part III, Land Development Regulations, is hereby amended as follows: 1

3 Zoning Districts and Overlay Zones (LDR Ch.. Art. III. Sec. 1.Overview) E. Mixed Use Urban Building and Site Regulations (Table -). MIXED USE, URBAN MU-L1 MU-L MU-L MU-H Lot Area, Minimum (acres): Public park: N/A N/A N/A N/A All other uses: Lot Frontage, Minimum (feet): Structure Height, Minimum (feet): Classification of project frontage on type of roadway: Maximum Building/Structure Height (HT), Density (DU), and Floor-Area-Ratio (FAR): HT DU 1, 1 FAR HT DU, 1, 1 FAR HT DU 1, 1 FAR Arterial: /0 0/0.0/. / /, 1. HT, DU 1, 1 FAR Formatted: Font: pt, Superscript Formatted: Font: pt, Superscript / Formatted: Font: pt, Superscript Formatted: Font: pt, Superscript Collector: /0.0/. n/a n/a n/a n/a n/a n/a Local Street : /0.0/. n/a n/a n/a n/a n/a n/a Build-to-line (feet) : Front abutting a public right-of-way: Rear: Interior side: Building Setbacks, Minimum (feet) : Rear abutting 1 : Residential singlefamily: Intracoastal waterway: Side abutting 1 : Residential singlefamily: Usable Open Space, Minimum (square feet): /0 0 0 /0, 1. May be reduced if frontage extends from right-of-way to right-of-way. %

4 Minimum of fifty (0) feet, if frontage is on a collector/local collector roadway.. For property abutting the MU-H district located west of US 1, the area of increases in height, density and FAR shall extend a distance of one hundred (0) feet from the MU-H zoning district line and shall require conditional use approval. For properties abutting the MU-H district located east of US 1, the area of increase for height shall extend a distance of one hundred (0) feet from the MU-H zoning district line and shall require conditional use approval; however, no increases in density and FAR are allowed. Must also have principal frontage on arterial roadway.. Must also have frontage on local collector or higher roadway classification.. Maximum height on any street frontage is forty-five () feet. Maximum height on Intracoastal Waterway is thirty-five () feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations.. Maximum height reduced to one hundred twenty-five (1) feet for the entire project where property abuts any MU-L or residential zoning district not separated by a right-of-way.. Plus one (1) additional foot for each foot of height over thirty-five () feet.. Where there is an intervening right-of-way of at least forty (0) feet.. Subject to permitting agency approval.. Buildings and structures shall be located no farther than zero (0) feet from the property line, excluding those instances where strict adherence hereto would cause visual obstructions to vehicular traffic, particularly within the triangular-shaped area of property formed by the intersection of two () rights-ofway. See Section.C.. below for additional relief provisions from build-to line requirements.. Listed eligible historic structures are not required to meet these standards. 1. The ultimate setback is also a factor of height and application of the Sky Exposure Plane in accordance with Section.C.. below.. Usable open space shall be required for all developments two () acres in size or larger. A minimum of two percent (%) of the site shall be devoted to usable open space, consisting of plazas or public open space, excluding private recreation. See Chapter, Article III, Section for additional regulations. 1. Projects within the transit core shall have minimum densities as follows: MU-1 - eleven (), MU- - twenty (0), MU- - thirty (0) and MU-H - forty (0) dwellings per acre (except that minimum density for the MU-H district applies to projects located within the entire station area). 1. Projects within the transit core shall have a minimum FAR as follows: MU-L - one and three-quarters (1.) and MU-H - two (.0) (except that minimum FAR for the MU-H district applies to projects to be located within the entire station area). 1. The maximum density for projects within the Downtown Transit-Oriented Development District Overlay Zone (the Station Area) may be increased up to twenty five percent (%) over the maximum density allowed in the underlying zoning district. Section. Chapter, Article III, Section, of the City of Boynton Beach 0 1 Code of Ordinances, Part III, Land Development Regulations, is hereby amended as follows: Mixed-Use (Urban) Districts. A. General.. Description of Districts. a. Mixed Use-Low Intensity 1 (MU-L1). The MU-L1 district implements the mixed use (MX) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of twenty (0) dwelling units per acre, and a minimum density of eleven () dwelling units per acre if located

5 within the transit core. except within the Downtown Transit-Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum density is twenty five () dwelling units per acre. In addition, projects located within the transit core of the Station Area shall have a minimum density of eleven () dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. b. Mixed Use-Low Intensity (MU-L). The MU-L district implements the mixed use (MX) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of thirty (0) dwelling units per acre, and a minimum density of twenty (0) dwelling units per acre if located within the transit core.,except within the Downtown Transit- Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum density is thirty seven and a half (.) dwelling units per acre. In addition, projects located within the transit core of the Station Area shall have a minimum density of twenty (0) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. c. Mixed Use-Low Intensity (MU-L). The MU-L district implements the mixed use (MX) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of forty (0) dwelling units per acre, and a minimum density of thirty (0) dwelling units per acre if located within the transit core. except within the Downtown Transit-Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum density is fifty (0) dwelling units per acre. In addition, projects located within the transit core of the Station Area shall have a minimum density of thirty (0) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. d. Mixed Use-High Intensity (MU-H). The MU-H district implements the mixed use core (MX-C) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of eighty (0) dwelling units per acre, except within the Downtown Transit-Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum density is hundred (0) dwelling units per acre. In addition, projects located within the Station Area shall have a minimum density of thirty (0) dwelling units per acre.this minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. The intent of this district is to supplant the central business district (CBD) in the historic downtown and marina district.. Location and General Use Requirements. c. Mixed Use-High Intensity (MU-H). () The MU-H district is appropriate for high density/intensity development intended for the downtown area, which is generally located east of Formatted: Justified, Widow/Orphan control Formatted: Justified, Indent: Left: pt, Widow/Orphan control

6 the FEC Railroad, including the marina district, and which extends out from the planned train station by approximately three () to four () blocks. Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit-Oriented Development District Overlay Zone (the Sstation Aarea) must contain a residential component and have space on the first floor which shall be devoted to commercial uses for those portions of the project having frontage along Ocean Avenue or an arterial road. Section. Chapter, Article III, Section, of the City of Boynton Beach Code of Ordinances, Part III, Land Development Regulations, is hereby amended as follows: C. Building and Site Regulations. 1. Building and Site Regulation (Table -1). MIXED USE, URBAN MU-L1 MU-L MU-L MU-H Lot Area, Minimum (acres): Public park: N/A N/A N/A N/A All other uses: Lot Frontage, Minimum (feet): Structure Height, Minimum (feet): Classification of project frontage on type of roadway: Maximum Building/Structure Height (HT), Density (DU), and Floor-Area-Ratio (FAR): HT DU 1, 1 FAR HT DU, 1, 1 FAR HT DU 1, 1 FAR Arterial: /0 0/0.0/. / /, 1. HT, DU 1, 1 FAR Formatted: Font: pt, Superscript Formatted: Font: pt, Superscript / Formatted: Font: pt, Superscript Formatted: Font: pt, Superscript Collector: /0.0/. n/a n/a n/a n/a n/a n/a Local Street : /0.0/. n/a n/a n/a n/a n/a n/a Build-to-line (feet) : Front abutting a public right-of-way: Rear:

7 Interior side: Building Setbacks, Minimum (feet) : Rear abutting 1 : Residential singlefamily: Intracoastal waterway: Side abutting 1 : Residential singlefamily: Usable Open Space, Minimum (square feet): /0 0 0 /0, 1. May be reduced if frontage extends from right-of-way to right-of-way.. Minimum of fifty (0) feet, if frontage is on a collector/local collector roadway.. For property abutting the MU-H district located west of US 1, the area of increases in height, density and FAR shall extend a distance of one hundred (0) feet from the MU-H zoning district line and shall require conditional use approval. For properties abutting the MU-H district located east of US 1, the area of increase for height shall extend a distance of one hundred (0) feet from the MU-H zoning district line and shall require conditional use approval; however, no increases in density and FAR are allowed. Must also have principal frontage on arterial roadway.. Must also have frontage on local collector or higher roadway classification.. Maximum height on any street frontage is forty-five () feet. Maximum height on Intracoastal Waterway is thirty-five () feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these Regulations.. Maximum height reduced to one hundred twenty-five (1) feet for the entire project where property abuts any MU-L or residential zoning district not separated by a right-of-way.. Plus one (1) additional foot for each foot of height over thirty-five () feet.. Where there is an intervening right-of-way of at least forty (0) feet.. Subject to permitting agency approval.. Buildings and structures shall be located no farther than zero (0) feet from the property line, excluding those instances where strict adherence hereto would cause visual obstructions to vehicular traffic, particularly within the triangular-shaped area of property formed by the intersection of two () rights-ofway. See Section.C.. below for additional relief provisions from build-to line requirements.. Listed eligible historic structures are not required to meet these standards. 1. The ultimate setback is also a factor of height and application of the Sky Exposure Plane in accordance with Section.C.. below.. Usable open space shall be required for all developments two () acres in size or larger. A minimum of two percent (%) of the site shall be devoted to usable open space, consisting of plazas or public open space, excluding private recreation. See Chapter, Article III, Section for additional regulations. 1. Projects within the transit core shall have minimum densities as follows: MU-1 - eleven (), MU- - twenty (0), MU- - thirty (0) and MU-H - forty (0) dwellings per acre (except that minimum density for the MU-H district applies to projects located within the entire station area). 1. Projects within the transit core shall have a minimum FAR as follows: MU-L - one and three-quarters (1.) and MU-H - two (.0) (except that minimum FAR for the MU-H district applies to projects to be located within the entire station area). 1. The maximum density for projects within the Downtown Transit-Oriented Development District Overlay Zone (the Station Area) may be increased up to twenty five percent (%) over the maximum density allowed in the underlying zoning district.. Additional Standards. See Chapter, Article III, Section.H. for additional %

8 standards related to urban design and building location for properties located in within the transit core of a the Downtown Transit-Oriented Development District Overlay Zone (the Sstation A area). Section. Chapter, Article III, Section, Overlay Zones of the City of Boynton Beach Code of Ordinances, Part III, Land Development Regulations, is hereby amended as follows: E. Downtown Transit-Oriented Development District (DTODD) Overlay Zone 1. Intent. This overlay zone implements Policy No of the Comprehensive Plan s Future Land Use Element which establishes the DTODD to improve land development patterns around the future station of the planned commuter service. The overlay zone s features further enhance the vision embodied by mixed-use zoning districts with increased density and intensity as well as strong emphasis on interconnectivity throughout the area.. Defined. The DTODD Overlay Zone coincides with the Station Area of a ½ mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, which is the anticipated location of the Downtown Boynton Beach Station for the planned commuter Tri-Rail Coastal Link service on the FEC Corridor.. General. See additional standards and requirements for mixed-use (urban) districts based on the proximity to the planned train station in Chapter, Article III, Section.A.. Use(s) Allowed. For the DTODD, allowed uses are based on the undelying zoning district. See Use Matrix, Table - in Chapter, Article IV, Section.D.. Building and Site Regulations. See Chapter, Article III, Section.C.. Additional Standards. See Chapter, Article III, Section.H. for additional standards related to urban design and building location for properties located within the transit core of the Station Area.

9 Section. Chapter, Article III, Section, of the City of Boynton Beach Code of Ordinances, Part III, Land Development Regulations, is hereby amended as follows: B. Building Location. 1. General. The revitalization of urban places depends on safety and security, with building/street design having a symbiotic relationship. The location of a building and its proximity/interaction with the public realm is paramount when trying to create urban areas that have a "sense of place" that is consistent with smart growth principles and neotraditional planning efforts. Development must adequately accommodate automobiles, but in ways that respect pedestrians and the forms of public space and gathering areas.. Standards. a. Each building shall meet the build-to line and reduced setback areas of the respective zoning district or Overlay Zone, whichever is applicable. The location of offstreet parking areas is strongly discouraged between buildings and rights-of-way. However, in certain instances, this type of design may be impractical, and strict adherence may deter incremental improvements or upgrades to individual properties, which therefore, perpetuates the blighted conditions of the redevelopment areas. In these circumstances, deviations from the build-to line and reduced setback area requirements may be allowed, but only contingent the submittal of a Community Design Appeal application that satisfactorily addresses the evaluation criteria and when such application is approved by the City Commission. b. Within mixed-use and non-residential developments, structures proposed along arterial roadways shall be required to occupy the entire length of the street frontage, notwithstanding adjustments for cross-visibility, and open areas devoted to public gathering or pedestrian circulation. This building location requirement along the arterial roadway only applies to new construction or major site plan modifications to existing developments. Also see Chapter, Article II, Section.B.. for additional streetscape design requirements. c. For properties fronting on arterial and collector roadways within Downtown Transit-Oriented Development District Overlay Zone (the Sstation Aarea), building location and design shall contribute to a "streetwall" of pedestrian scale, so as to prevent any interruptions to building massing, except in limited circumstances to promote project functionality as determined by the Director of Planning and Zoning. Interruptions in the streetwall shall be limited to those necessary to accommodate pedestrian pass-throughs, public plazas, entry forecourts, and permitted vehicular access driveways when access is not available from a local street. F. Off-Street Parking Area Standards. Miscellaneous Standards.

10 f. Off-Street Parking for Station Area. See Section.H. below for additional standards regarding off-street parking areas located within the Downtown Transit-Oriented Development District Overlay Zone (the Sstation Aarea). Section. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section. Authority is hereby given to codify this Ordinance. Section. This Ordinance shall become effective immediately. FIRST READING this day of, 01. SECOND, FINAL READING AND PASSAGE this day of, CITY OF BOYNTON BEACH, FLORIDA Mayor Jerry Taylor Vice Mayor Joe Casello Commissioner David T. Merker Commissioner Mack McCray Commissioner Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) YES NO