23-003 1
2 ORDINANCE NO. 23-003
3
4
5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
6 AMENDING THE LAND DEVELOPMENT REGULATIONS CHAPTER 2 LAND
7 DEVELOPMENT PROCESS, ARTICLE II PLANNING AND ZONING
8 DIVISION SERVICES, SECTION 2. STANDARD APPLICATIONS TO ADD A
9 SECTION FOR DEVELOPMENT AGREEMENTS; PROVIDING FOR
10 CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
11
12
13 WHEREAS, the Florida Legislature has previously enacted the Florida Local
14 Government Development Agreement Act (the Act), codified Sections 163.3220-163.3243,
15 Florida Statutes; and
16 WHEREAS, the Florida Legislature has determined that the lack of certainty in the
17 approval of development can result in a waste of economic and land resources, discourage
18 sound capital improvement planning and financing, escalate the cost of housing and
19 development, and discourage commitment to comprehensive planning; and
20 WHEREAS, the Florida Legislature has further determined that providing assurance
21 to developers through development agreements that they may proceed in accordance with
22 existing laws and policies,subject to the conditions of a development agreement, strengthens
23 the public planning process, encourages sound capital improvement planning and financing,
24 assists in assuring there are adequate capital facilities for the development, encourages
25 private participation in comprehensive planning, and reduces the economic costs of
26 development; and
27 WHEREAS, the Act authorizes local governments to enter into Development
28 Agreements with developers subject to the requirements of the Act; and
29 WHEREAS, the City of Boynton Beach deems it in the best interest of the City to
30 formally establish a policy that it may enter into Development Agreements when permitted
31 by Florida law and desired by the City Commission and a developer; and
32 WHEREAS, having considered the recommendations of the Planning and
33 Development Board, the City Commission of the City of Boynton Beach has found and
S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2)(Development Agreements)-Ordinance.Docx
34 determined that the adoption of the development agreement ordinance will preserve the
35 public health, safety, and welfare, enhance the value and character of the community and is
36 consistent with the Comprehensive Plan.
37 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
38 OF BOYNTON BEACH, FLORIDA, THAT:
39 Section 1. The foregoing whereas clauses are true and correct and are now ratified
40 and confirmed by the City Commission.
41 Section 2. City of Boynton Beach Land Development Regulations,Chapter 2, Land
42 Development Process, Article II Planning and Zoning Division Services, Section 2. Standard
43 Applications is hereby amended as follows:
44 CHAPTER 2. LAND DEVELOPMENT PROCESS
45 ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
46 Sec. 2. Standard Applications.
47 ...
48 G. Development Agreement.
49 1. General.
50 a. Purpose and Intent.The purpose of Development Agreements is to encourage a strong
51 commitment to comprehensive and capital facilities planning,ensure the provision of
52 adequate public facilities for development concurrent with the impacts of development,
53 encourage the efficient use of resources, and reduce the economic cost of development.
54 The purpose of this section is to establish procedures and standards for the City
55 Commission to consider and enter into Development Agreements in accordance with
56 Florida State Statutes.
57 b. Authority and Applicability.The city is authorized to review and enter into a Development
58 Agreement with any person having legal or equitable interest in real property in the city in
59 accordance with the procedures and standards in this section.
60 c. Parcel Criteria. Only developments which are a minimum of fifteen (15)gross acres are
61 eligible to enter into Development Agreements with the city pursuant to this section.
62 d. Conflict. In the event of any conflict between the provisions of this Section and any other
63 sections of the Land Development Regulations or City Codes of Ordinance,the provisions of
64 this section shall prevail.These provisions shall not be construed to supersede any federal,
65 state,or county laws.
66 2.Submittal Requirements. Development Agreements shall include and meet the requirements of
67 at least the following:
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68 a. Proposed Development Agreements must meet and be consistent with all requirements set
69 forth in the Florida Local Government Development Act,sections 163.3220-163.3243,
70 Florida Statutes;
71 b. A Master Plan or Major Master Plan Modification must be submitted and approved
72 concurrently with a Development Agreement;
73 c. A phasing plan indicating the proposed phases, if the development is subject to phasing;
74 d. A conceptual site plan for any single-phase development proposals;
75 e. Schematic Design plans including, at a minimum, building location, architectural style,and
76 building height;and
77 f. A statement of milestone dates including necessary development approvals, permitting and
78 construction.
79 3.Alternative Standards. The City may elect to enact the below alternative standards for
80 developments which are subject to a Development Agreement:
81 a. Developments must participate in the City's Public Art Program; however,the Public Art
82 Fee for the Development may be established within the proposed Development Agreement
83 in an amount different than the amount required by of the City Code. Public Art Fee
84 amounts established pursuant to this section must meet the purpose and intent of the
85 City's Public Art Program.
86 b. The City of Boynton Beach may reserve utility system capacity for water and wastewater
87 service for a period not to exceed six(6)years from the date of the agreement or approved
88 permit application at no cost to the Developer at the discretion and approval of the Utilities
89 Director or designee,for the purpose of allowing the Developer to meet anticipated
90 concurrency requirements.
91 c. Expiration of a Master Plan or Major Master Plan Modification.A Master Plan or Major
92 Master Plan Modification approved with a Development Agreement shall remain valid for
93 twenty-four(24) months; however, upon approval of a site plan by the City Commission, a
94 master plan shall remain valid until the corresponding site plan expires.
95 d. Expiration of a Site Plan or Major Site Plan Modification. Upon approval of a site plan by
96 the City Commission,the applicant shall have up to seventy-two months (72) months to
97 secure a building permit for vertical construction.
98 4. Review Criteria.An application for a Development Agreement shall be approved and executed
99 only if the City Commission finds that the development proposed in the Development Agreement:
100 a. Includes all the information and provisions required by this Section
101 b. Meets all Submittal Requirements;
102 c. Is consistent with the City's Comprehensive Plan and any amendments to the
103 Comprehensive Plan that would impact the development have been found in compliance if
104 required by state law and are beyond all appeal periods;
105 d. Is consistent with this City Code;and
106 e. Furthers the public health,safety,and welfare of the city.
107 5. Approval Process.A Development Agreement requires review and approval by the City
108 Commission, by ordinance,and shall be processed in accordance with section 163.3225, Florida
109 Statutes.
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110 6. Periodic Review of Development Agreement.The City shall review land subject to the
111 Development Agreement at least once every 12 months to determine if there has been a
112 demonstration of good faith compliance with the terms of the Development Agreement. Each
113 annual review conducted after the sixth year of a Development Agreement shall include a written
114 report completed by the developer,which shall be submitted to the parties to the Development
115 Agreement.
116
117 Section 3. Each and every other provision of the Land Development Regulations
118 not herein specifically amended, shall remain in full force and effect as originally adopted.
119 Section 4. All laws and ordinances applying to the City of Boynton Beach in
120 conflict with any provisions of this ordinance are hereby repealed.
121 Section 5. Should any section or provision of this Ordinance or any portion
122 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
123 affect the remainder of this Ordinance.
124 Section 6. Authority is hereby given to codify this Ordinance.
125 Section 7. This Ordinance shall become effective immediately.
126 FIRST READING this 7th day of February, 2023.
127 SECOND, FINAL READING AND PASSAGE this 21st day of February, 2023.
128 CITY OF BOYNTON BEACH, FLORIDA
129
130 YES NO
131 /
132 Mayor-Ty Penserga
133
134 Vice Mayor-Angela Cruz
135
136 Commissioner-Woodrow L. Hay
137 ✓
138 Commissioner-Thomas Turkin
139 /
140 Commissioner-Aimee Kelley
141 S-0
142 VOTE
143
144
145
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S:1CA1Ordinances\LDR Changes\LDR Amendment (Ch 2)(Development Agreements)-Ordinance.Docx
146 ATT
147 /148 .t 1 00 ;' / / ip
149 Mayle.. De -sus, MPA, 1, MC Ty Pen .�:�gilliii.
150 City Clerk May./
151
152 APPROVED AS O F .
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156 d ~: SE' Michael D. Cirullo,Jr.
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157 + .1NCORPORA City Attorney
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5
S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2)(Development Agreements)-Ordinance.Docx
PART III LAND DEVELOPMENT REGULATIONS
CHAPTER 2. LAND DEVELOPMENT PROCESS
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
Sec. 2. Standard Applications.
G. Development Agreement.
1. General.
a. Purpose and Intent.The purpose of Development Agreements is to encourage a strong commitment to
comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development
concurrent with the impacts of development, encourage the efficient use of resources,and reduce the economic
cost of development.The purpose of this section is to establish procedures and standards for the City
Commission to consider and enter into Development Agreements in accordance with Florida State Statutes.
b. Authority and Applicability.The city is authorized to review and enter into a Development Agreement with any
person having legal or equitable interest in real property in the city in accordance with the procedures and
standards in this section.
c. Parcel Criteria. Only developments which are a minimum of fifteen (15)gross acres are eligible to enter into
Development Agreements with the city pursuant to this section.
d. Conflict. In the event of any conflict between the provisions of this Section and any other sections of the Land
Development Regulations or City Codes of Ordinance,the provisions of this section shall prevail.These
provisions shall not be construed to supersede any federal,state, or county laws.
2. Submittal Requirements. Development Agreements shall include and meet the requirements of at least the following:
a. Proposed Development Agreements must meet and be consistent with all requirements set forth in the Florida
Local Government Development Act, sections 163.3220-163.3243, Florida Statutes;
b. A Master Plan or Major Master Plan Modification must be submitted and approved concurrently with a
Development Agreement;
c. A phasing plan indicating the proposed phases, if the development is subject to phasing;
d. A conceptual site plan for any single-phase development proposals;
e. Schematic Design plans including, at a minimum, building location, architectural style, and building height; and
f. A statement of milestone dates including necessary development approvals, permitting and construction.
3.Alternative Standards. The City may elect to enact the below alternative standards for developments which are
subject to a Development Agreement:
a. Developments must participate in the City's Public Art Program; however,the Public Art Fee for the
Development may be established within the proposed Development Agreement in an amount different than the
amount required by of the City Code. Public Art Fee amounts established pursuant to this section must meet
the purpose and intent of the City's Public Art Program.
b. The City of Boynton Beach may reserve utility system capacity for water and wastewater service for a period not
to exceed six(6) years from the date of the agreement or approved permit application at no cost to the
Developer at the discretion and approval of the Utilities Director or designee,for the purpose of allowing the
Developer to meet anticipated concurrency requirements.
c. Expiration of a Master Plan or Major Master Plan Modification. A Master Plan or Major Master Plan Modification
approved with a Development Agreement shall remain valid for 36 months; however, upon approval of a site
plan by the City Commission, a master plan shall remain valid until the corresponding site plan expires.
01876561.1
d. Expiration of a Site Plan or Major Site Plan Modification. Upon approval of a site plan by the City Commission,
the applicant shall have forty-eight months(48) months to secure a building permit for vertical construction.
4. Review Criteria. An application for a Development Agreement shall be approved and executed only if the City
Commission finds that the development proposed in the Development Agreement:
a. Includes all the information and provisions required by this Section
b. Meets all Submittal Requirements;
c. Is consistent with the City's Comprehensive Plan and any amendments to the Comprehensive Plan that would
impact the development have been found in compliance if required by state law and are beyond all appeal
periods;
d. Is consistent with this City Code; and
e. Furthers the public health,safety, and welfare of the city.
5. Approval Process. A Development Agreement requires review and approval by the City Commission, by ordinance,
and shall be processed in accordance with section 163.3225, Florida Statutes.
6. Periodic Review of Development Agreement.The City shall review land subject to the Development Agreement at
least once every 12 months to determine if there has been a demonstration of good faith compliance with the terms of
the Development Agreement. Each annual review conducted after the sixth year of a Development Agreement shall
include a written report completed by the developer,which shall be submitted to the parties to the Development
Agreement.
01876561-1