19-025 1 ORDINANCE NO. 19-025
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4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
5 AMENDING THE LAND DEVELOPMENT REGULATIONS
6 CHAPTER 2 "LAND DEVELOPMENT PROCESS", ARTICLE I
7 "OVERVIEW", SECTION 4, "EXPEDITED DEVELOPMENT
8 REVIEW PROGRAM" INSERTING ADDITIONAL ELIGIBLE
9 PROJECTS AND BENEFITS, AND ELIMINATING REDUNDANT
10 VERBIAGE AND REQUIREMENTS; PROVIDING FOR
11 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
12 EFFECTIVE DATE.
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15 WHEREAS, the Expedited Development Review Program was adopted to support
16 economic development in the City consistent with programs of other City's and as promoted
17 by the County and was initially limited to specific business industries with an emphasis on
18 employment growth; and
19 WHEREAS, in 2011 the program was amended to add affordable and workforce
housing as eligible projects and then further expanded in 2015 to make sustainable projects
21 eligible for the same expeditious treatment; and
ZQ WHEREAS, staff has reviewed this program for appropriate updating and is
213 proposing the amendments stated herein to insert additional eligible projects and benefits and
34 eliminating redundant verbiage and requirements.
25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
26 THE CITY 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 2,
34 "Land Development Process",Article I"Overview", Sec.4"Expedited Development Review
31 Program" is hereby amended as follows:
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Sec. 4. Expedited Development Review Program.
A. Applicability.
Projects eligible for expedited processing are described below. Application types to be
expedited include site plans (and corresponding applications including land use amendment
' and rezoning),plat, building permit, as well as inspection processes.
1. Eligible Uses. New and expanding establishments in the following industry
• categories are eligible for expedited processingrevie s_ . . . _.
a. a. Bioscience;
b. b. Medical or pharmaceutical research and development;
c. c. Aviation/aerospace/engineering;
d. d. Communications/4
e. Information technology;
f. e. Business and financial services (non-retail);
g. Manufacturing, fabrication and processing, and
h. f. Education related to the above industry clusters.
2. Economic Development. ' • •• . • • . . ... - _• .
- -_ . •- •. • Projects sanctioned project by the State of Florida or
other recognized economic development organization (Florida Office of Tourism, Trade and
• Economic Development (OTTED), Enterprise Florida, or Business Development Board of
Palm Beach County).
3. Affordable and Workforce Housing. Residential developments that provide
affordable housing and/or workforce housing units. • • -- - - ' '• • -
- -- • _ -• - 7., . . - . --• - - -• - - • • . •_ . -
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4. Sustainable Development. : . - . • . .. ' • - •• • - . -
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pProjects must be registered with a nationally recognized green certification agency,
including but not limited to:
a. USGBC—United States Green Building Council;
b. FGBC—Florida Green Building Coalition;
c. Green Globes; and
d. NAHB—National Association of Home Builders,National Green Building
Standard; and
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5. Mixed-use Development.
a. Development applications for mixed-use development within the City's
Community Redevelopment Area(CRA). Eligible projects must involve the MU-1, MU-2,
MU-3, MU-4 or MU-Core zoning district, include a site plan application, and contain a
commercial component; and
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b. Development applications for mixed-use development located outside the
City's CRA. Eligible projects must also be zoned. or be the subject of rezoning to the
Suburban Mixed Use Zoning District. or be located with the Quantum Park Planned
Industrial Development District, contain a commercial component, include a site plan, and
include a minimum of 5 acres of land.
B. Benefits of Program. Entities that have been accepted into the expedited permitting
program shall receive the following benefits:
I 1. Point of Contact. The City Manager, or designee,shall appoint a single point of
I contact at the city who shall have the responsibility of assisting the applicant throughout the
development application and permitting process;
2. Timetable. The Planning and Zoning Division, Building Division, Engineering
Division of Public Works, and other applicable city departments shall establish the
necessary steps required for project approval and permitting in a pre-application meeting
and subsequently, within three (3)business days,prepare an optimal timetable for the
project's completion of the development and application review process;
3. Priority Review. The project shall receive priority at every phase of the review
1 I I process by city staff, including face-to-face meetings as needed. However,public hearings
ti I are subject to the availability of the relevant board and the decisions of such boards are not
1 i' guaranteed to be made immediately. Therefore,to the extent possible, public hearing
tit scheduling shall be expedited if applicable to a particular development application;
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1 I. 4. Comments. Comments relative to review by the 1) Planning and Zoning Division
1 I. Planning; and 2) Building Division shall be provided to the applicant within seven(7)
ti business days of the submission of a completed development application. The city and the
1 i: applicant shall make a mutual commitment to provide all other development and permit
to application review comments and corresponding revisions thereto in a thorough and timely
1 I manner;
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1 I P 5. Building Permits.
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i - a. Permits Issued on Basis of Affidavit. Consistent with the Florida Building Code,
l i . local Administrative Amendments and FS 553.791,the applicant may be responsible for
. private plans review and inspections with the filing of a sworn affidavit from a registered
ti architect or engineer affirming conformance of plans to all applicable technical codes. For
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; buildings and structures, the affidavit shall state that the plans conform to the laws as to
r egress,type of construction and general arrangement, strength, stresses, strains, loads and
1 l stability. However, for projects located within special flood hazard areas,this benefit shall
, not apply to flood load and flood resistance construction requirements of the Florida
, Building Code.
1 b. Fee Payment Schedule Agreement. The applicant will be eligible to propose a
. schedule for the timing of fee payments, to include permit fees and local impact fees,
tailored to meet the financial and scheduling needs of the project. Certain legal limitations
1 ' ' may apply, and this provision supersedes any conflicting regulation, or operational policy.
1 1 6. Conflict Resolution. Should any issues arise at any point during the
1 ; i development application review and permitting process, the city will use the most
t ; expeditious means to resolve the issue. A face to face meeting between city staff and the
, applicant's representatives, if necessary, shall be scheduled within three (3) business days of
l ;; the applicant's notification of the issues.-am1
1 ; 6. Staff Report. A description of the benefit to the city, as defined in paragraph 4.e.
1 ;' Section 3. Each and every other provision of the Land Development Regulations
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: not herein specifically amended, shall remain in full force and effect as originally adopted.
; Section 4. All laws and ordinances applying to the City of Boynton Beach in
1 i conflict with any provisions of this ordinance are hereby repealed.
t Section 5. Should any section or provision of this Ordinance or any portion
1, ' thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
1 c affect the remainder of this Ordinance.
1, , Section 6. Authority is hereby given to codify this Ordinance.
1. I Section 7. This Ordinance shall become effective immediately.
1, 6 FIRST READING this Co day of •' 4 1, 0 1 9.
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149 SECOND, FINAL READING AND PASSAGE this oi9day of J 2019.
1.i) CITY OF BOYNTON BEACH, FLORIDA
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152 YES NO
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1 S 1 Mayor—Steven B. Grant LV-
1 5
/155
15 5 Vice Mayor—Justin Katz c/
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15 3 Commissioner—Mack McCray (/
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10) Commissioner—Christina L. Romelus (/
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1 i 2 Commissioner—Ty Penserga r/
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151 VOTE 6"0
155
15 5 ATTEST:
107
153
lid 47461,Atitat,1 71 Cry Gibson, MMC
1 72 City Clerk
173
174
175
„ ,,tCorporate Seal)
lk b,
r . 7, ,
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