09-043
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I ORDINANCE NO. 2009-043
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3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING THE LAND DEVELOPMENT
5 REGULATIONS (PART III) OF THE CODE OF ORDINANCES
6 TO ADD ARTICLE XII "DEVELOPMENT AGREEMENT";
7 ESTABLISHING PROCEDURES AND REQUIREMENTS TO
8 CONSIDER ENTERING INTO DEVELOPMENT
9 AGREEMENTS; PROVIDING MINIMUM REQUIREMENTS
10 FOR ALL DEVELOPMENT AGREEMENTS; PROVIDING FOR
II NOTICE AND PUBLIC HEARING AS CONDITIONS
12 PRECEDENT FOR THE APPROVAL OF DEVELOPMENT
13 AGREEMENTS; PROVIDING FOR CONFLICTS
14 SEVERABILITY AND AN EFFECTIVE DATE.
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16 WHEREAS, Florida Statute 9163.3223 provides that any local government may, by
17 Ordinance, establish procedures and requirements, as provided in 9163.3220-163.3243
18 Florida Statutes, to consider and enter into a development agreement with any person having a
19 legal or equitable interest located within the jurisdiction of the local government; and
20 WHEREAS, the City Commission concurs with the legislative intent of the Florida
21 Local Government Development Agreement Act that the lack of certainty and the approval of
22 development could result in a waste of economic and land resources, discourage sound capital
23 improvement planning and financing, escalate the cost of housing and development, and
24 discourage commitment to comprehensive planning; and
25 WHEREAS, the City Commission finds that it is in the best interest of the City's
26 citizens and property owners to authorize the use of development agreements to facilitate and
27 advance the City's economic stability; and
28 WHEREAS, the City Commission finds that clear and unequivocal rules for
29 processing land development agreements, notifying the public of the pendency of the City
30 Commission's review and approval of development agreements, is in the best interest of the
31 City.
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I NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
2 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 Section I. The foregoing WHEREAS clauses are true and correct and are now
4 ratified and confirmed by the City Commission.
5 Section 2. The City Code of Ordinances is hereby amended to provide a new
6 Article IV, titled "Development Agreements" to Chaoter 1.5. Part III, Land Development
7 Regulation of the Code of Ordinances, as follows:
8 Article XII - Develonment Al!reements
9 See 1 The City Commission of The City of Boynton Beach is authorized to enter into
10 Development Agreements with any person having 'l; legal or equitable interest in real property
II located within the jurisdictional boundaries of the City of Boynton Beach.
12 See 2 Before entering into, amending, or revoking a Development Agreement, the City
13 Commission shall conduct two (2) public hearings. The public hearing shall be conducted in
14 a matter consistent with the City's rules or procedures for conducting quasi judicial hearings.
15 All representation made by the developer, it's agents or representatives shall be deemed
16 material representations made to induce the City Commission to approve the agreement. A
17 subsequent determination that a representation was false or misleading shall render an
18 approved agreement voidable by the City Commission.
19 See 3 Approximately seven (7) days prior to each public hearing, the City shall advertise in a
20 newspaper 6f' of general circulation and readership in Palm Beach County, Florida, a notice
21 that the City Commission intends to consider a Development Agreement. The published
22 notices shall not be consolidated into one notice ef [or both meetings but shall be published
23 separately. Ihe Develooer ~ill be required to reimburse the Citv for the exnense of
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I nublishing the notice. In addition to notice by publication, !! notice \If intent to consider the
2 Development Agreement shall be mailed ID' the develooer to all affected property owners, as
3 that term is defined in ss. 163.3184, Florida Statutes, prior to the first public hearing. The
4 day, time and place at which the second public hearing is to be held shall be announced at the
5 first public hearing. The notice shall specify the location of the land subject of the
6 Development Agreement, the development uses proposed on the property, the proposed
7 population densities, and the proposed building intensities and height, and shall specify a
8 place where a copy of the proposed Agreement can be obtained.
9 See 4 At both the first and second public hearing, the Developer shall disclose whether the
10 developer, its representative, lobbyist, attorney, or agent has communicated with members of
11 the City Commission, the City Manager or the City Attorney regarding the proposed
12 Agreement, and the substance of those communications, ifany.
13 See 5 A Development Agreement shall contain the following:
14 (a) A legal description of the land subject to the agreement, and the names of its legal
15 and equitable owners;
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17 (b) The duration of the agreement;
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19 (C) The development uses permitted on the land, including population densities, and
20 building intensities and height;
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22 (d) A description of public facilities that will service the development, including who
23 shall provide such facilities; the date any new facilities, if needed, will be constructed;
24 and a schedule to assure public facilities are available concurrent with the impacts of
25 the development;
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27 (e) A description of any reservation or dedication ofland for public purposes;
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29 (f) A description of all local development permits approved or needed to be approved
30 for the development of the land;
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32 (g) A finding that the development permitted or proposed is consistent with the local
33 government's comprehensive plan and land development regulations;
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2 (h) A description of any conditions, terms, restrictions, or other requirements
3 including nrofessional services determined to be necessary by the local government
4 for the public health, safety, or welfare of its citizens; and
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6 (i) A statement indicating that the failure of the agreement to address a particular
7 permit, condition, term, or restriction shall not relieve the developer of the necessity of
8 complying with the law governing said permitting requirements, conditions, term, or
9 restriction.
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II (j) A description, including a timetable, of the build out of the development, including
12 a description of the phasing plan, ifany.
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14 (k) A disclosure of all persons or entities that are providing financing for the
15 development.
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17 11) Fees for aoolication orocessing and administration ofaQreement oursuant to the
18 reauirements of this article.
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20 See 6 No Development Agreement is authorized or shall be approved unless a Development
21 Agreement IS consistent with the City's Comprehensive Plan and the City's Land
22 Development Regulations. In an event of a conflict between a provision set forth in the
23 Development Agreement and the City's Land Development Regulations, provisions of the
24 Land Development Regulations shall control unless contemporaneously with the approval of
25 the Development Agreement the City amends ffimlifies its Land Development Regulations,
26 JlroYides fer sJleeilll exeeJltiell te the LllRd DenloJlmellt Regullltioll, waives or adiusts the
27 relevant Land Development Regulation as facilitated bv existing orocesses. or provides for
28 variance from the Land Development Regulation. In the event an amendment, exeeptioll,
29 waiver. adjustment or variance of the Land Development Regulation is necessary, the
30 procedures for amendment, eKeeptioH, llBtl waiver. adiustment or variance as set forth in the
31 City's Land Development Regulation shall apply but may be processed contemporaneously
32 with the revIew process required for approval of the Development Agreement. A
33 Development Agreement which is not consistent with the Land Development Regulations
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I shall contain a specific section which identifies those provisions of the development plan that
2 are inconsistent with the Land Development Regulations and the means by which the
3 inconsistency is to be resolved (i.e. by code amendment, exeefltiell, waiver. adiustment or
4 variance ).
5 See 7 The approval of a Development Agreement by the City Commission is not final until
6 12:00 noon on the seventh (7'h) day following the close of the second public hearing. Prior to
7 becoming tinal, the approval is subject to a motion for reconsideration by any member of the
8 City Commission that voted in the anirmative to approve the agreement. Reconsideration may
9 be initiated by notification to the City Clerk. The City Clerk, on receipt of a timely request for
10 reconsideration shall add the reconsideration to the next regular meeting agenda and notify the
II developer.
12 See 8 The City's Director of Development or hislher designee shall administer the
13 Development Agreement application and approval process. The City's Director of
14 Development shall administer all Development Agreements. Decisions of the City's Director
15 of Development are final and binding.
16 See 9 In addition to complying with the provision of these regulations, all Developer
17 Agreements are subject to the provisions of the Florida Local Government Development Act,
18 as amended from time to time.
19 See 10 The apolication fee shall be subsequentlv established on the Develooment Deoartment
20 fee schedule. Until the fee schedule is amended to include the resoective fee. the fee shall be
21 75% of the site plan aoolication fee but not less than $750. If a site olan aoplication is not
22 required for a given proiect. then the fee would be based on oroiect square footage and
23 corresoondinQ fee as indicated on. the adopted fee schedule for site plan reviews. Fees for
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I administration of the agreement. including but not limited to olan review. oroiect aooroval.
2 site construction oversight and insnections. and oroiect closeout shall be based on established
3 fee schedules for construction taking into account the uniaueness of each Develooment
4 Agreement and services to be rendered (see Part III. Chanter 20. Section 4. Fees). The
5 ultimate assignment of resoonsibilitv for navment of the reauired fees mav be a seoarate
6 subiect of a Develooment Agreement.
7 Section 4. Each and every other provision of the City of Boynton Beach Code of
8 Ordinances not herein specifically amended, shall remain in full force and effect as originally
9 adopted. All laws and ordinances applying to the City of Boynton Beach in conflict with any
10 provisions of this ordinance are hereby repealed.
II Section S. Should any section or provision of this Ordinance or any portion
12 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
13 affect the remainder of this Ordinance.
14 Section 6. Authority is hereby given to codify this Ordinance.
15 Section 7. This Ordinance shall become effective immediately.
16 FIRST READING this _ day of ,2009.
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18 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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I SECOND, FINAL READING AND PASSAGE this 3.e'd day of 4;,el'1L5~, 2009.
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17 ATTEST:
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21 M. Prainito. CMC
22 Clerk
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24 (Corporate Seal)
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