R11-129 !I
1 RESOLUTION NO. R11 -129
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING ISSUANCE OF A "NOTICE
5 OF INTENT" TO COMMENCE A TEMPORARY
6 MORATORIUM FOR ONE HUNDRED EIGHTY (180)
7 DAYS ALLOWING STAFF TO IMPLEMENT AN
8 ECONOMIC DEVELOPMENT PROGRAM INCLUDING
9 THE STUDY OF THE EFFECT OF TAX EXEMPT NOT -
10 FOR- PROFIT ENTITIES WHICH LOCATE IN THE C -3,
11 C -4, M -1, PID AND MIXED USE ZONING DISTRICTS
12 AND TO REVIEW AND REVISE ZONING
13 REGULATIONS RELATED TO TAX EXEMPT NOT-
14 FOR- PROFIT USE; AND PROVIDING AN EFFECTIVE
15 DATE.
16
17 ' WHEREAS, Ordinance 00 -53 authorizes temporary moratoriums to allow the City staff
18 and City consultants to study the need for modifications to City development regulations in
19 response to trends on development or redevelopment in the City; and
20 WHEREAS, the United States Supreme Court in its 2002 opinion in Tahoe - Sierra
21 a , Preservation Council, Inc. v. Tahoe Regional Planning Agency recognized that the moratoria, or
22 ; ° "interim development controls" as they are often called, are an essential tool of successful
23 ! ! development; and
24 WHEREAS, the Commission deems it timely and in the best interest of the City and its
25 ; residents to undertake review and revision of the zoning regulations as they relate to the location,
26 use and operation of tax exempt not - for - profit organizations; and
27 WHEREAS, the Commission has authority to initiate the review process by resolution
28 and issuance of a Notice of Intent; and
29 I : WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents a
30 II formal announcement of said planning activities, and the period during which time all
31 ; 1 applications related to the operation of tax exempt not - for -profit organizations; and
32 WHEREAS, this Notice of Intent will be in effect from the date of adoption and
33 11 ll
thereafter for a period of 180 days following the date of adoption unless otherwise extended by
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1 the City Commission by subsequent Resolution following public hearing; and
2 WHEREAS, the Commission intends that this Resolution constitute zoning in progress
3 and the commencement of a temporary moratorium as a means of temporarily suspending the
4 conversion of commercial or industrial lands, and the location, re- location or expansion of tax
5 exempt not - for - profit organizations in C-3, C -4, M -1, PID and Mixed Use zoning districts during
6 the one hundred eighty (180) day study period herein described; and
7 WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and
8 Chapter 166 of the Florida Statutes, the City of Boynton Beach is authorized and required to
9 protect the public health, safety and welfare of its citizens and has the power and authority to
10 s ; enact regulations for valid governmental purposes that are not inconsistent with general or
11 special law; and
12 WHEREAS, the public health, safety and welfare is a legitimate public purpose
13 ? a recognized by the courts of Florida.
14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
15 :J CITY OF BOYNTON BEACH, FLORIDA, THAT:
16 ? ; Section 1. The City Commission of the City of Boynton Beach, Florida does hereby
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17 ! ; issue the Notice of Intent attached hereto as Exhibit "A ".
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18 Section 2. That this Resolution shall become effective in all C -3, C -4, M -1, PID and '
19 I! Mixed Use zoning districts city -wide immediately upon passage.
20 ; i Section 3. The Notice of Intent shall be posted and copies provided as required by
21 'I Ordinance 000 -053.
22 ! ? Section 4. No application for a development activity, permit, or Business Tax
23 11Receipt, that is defined within the scope of the study shall be accepted or processed by the City,
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24 following the date of adoption of this Resolution during the study period.
25 11 Section 5. The City Commission requests that the City Administration address in its i
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1 study the following issues:
2 1. Whether churches, being a type of tax exempt not - for -profit organization, should
3 be provided special treatment or consideration under the City's zoning regulations in light of
4 limitations arising from State or Federal law or regulation protecting religious freedom including
5 but not limited to application, if any, of the Religious Land Use and Institutionalized Persons
6 Act.
7 2. Whether land use regulation regarding tax exempt not - for - profit organizations
8 ; would impose a substantial burden on religious exercise.
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9 , 3. Studies performed by other municipalities which address the restriction of tax
10 • i exempt not - for - profit uses in commercial zoning districts.
11 , 4. The nexus between restrictions on tax exempt not - for -profit organizations and
12 , , commercial property values and in turn the effect on ad valorem tax revenue.
13 , PASSED AND ADOPTED this 15 day of November, 2011.
14
15 CITY • F BOYNTON BEACH, FLORIDA
16 '
17
18 Mayor — . 4 2 ez
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20 { `� -_
21 ice Ma William Or ove
22
23 Zt'
24 y ; Co er — Woodr; ay
25 '
26 ,1 -........— _ 4
27 1, Commissio to n . "" r . 41. '
28 1: ���
29 I
30 ? I ATTEST: •mmissioner — Marlene Ross
31 I 1 - -
32 'may _ /� l .
33 . ► 0 •...' MMC
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NOTICE OF INTENT TO ADOPT PENDING AMENDMENTS
TO LAND DEVELOPMENT REGULATIONS
NOI #2011 -01
STATEMENT OF PURPOSE AND SCOPE OF STUDY
The purpose of this Notice of Intent is to declare, in anticipation of amendments to the
Comprehensive Plan, the Official Zoning Map and the Land Development Regulations, a study
period to implement initiatives of the City's Economic Development Program that include:
A. The evaluation of the Official zoning Map and Use Regulations for maximized economic
value of development including the evaluation of existing zoning provisions, fiscal
impact, and locational options for tax - exempt not - for - profit entities, the evaluation of
sites for potential commercial or industrial conversions (i.e. rezonings); and the
evaluation of the C -3, C -4 and M -1 Zoning Districts for increased commercial and
industrial use location options.
B. Evaluate the lists of approved uses for Planned Industrial Districts (PIDs) to consider an
administrative process for amending or interpreting uses; the extent of land use
compatibility; and provisions for tax - exempt uses;
C. The development and consideration of Comprehensive Plan and Economic Development
Program policies that guide the review and actions involving land use
amendments /rezoning, and other development applications.
AFFECTED AREA
All properties currently zoned C3, C4, MI, PID, and mixed use in the City of Boynton Beach.
GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT
REGULATIONS (LDR)
A. The addition or deletion of permitted, conditional or prohibited uses within C3, C4, Ml,
PID or mixed use zoning districts;
B. The addition of development standards to ensure compatibility between commercial,
industrial and institutional uses, and residential and mixed uses; and
C. Adoption of application processes or operational policies or review criteria applicable to
the review of development applications intended to maximize contribution to the City's
fiscal or economic growth.
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AFFECT ON DEVELOPMENT IF REGULATION ADOPTED
There are no specific regulations that have been identified for amendment. The study is intended
to identify regulations that, if amended, would enhance economic development without having a
detrimental effect on tax exempt not - for -profit entities that are located in or wish to locate to the
City.
EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE
THE SUBJECT OF THE STUDY AND MAY BE AMENDED
Land Development Regulations Chapter 2. Land Development Process, and Chapter 3. Zoning.
PROJECTED TIME FRAME FOR STUDY
One Hundred and Eighty (180) days from the date of approval of this Notice by the City
Commission.
The planning study including formulation of recommendations is estimated to take 6 months. If
additional time is required to complete the study due to the scope or magnitude of the regulatory
changes, a request for extension may be requested by the Development Department. The City
Commission, following public hearing on the request for extension may extend this Notice of
Intent for an additional period of time as specified by the City Commission at the time of
extension.
STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING
REGULATION WOULD AFFECT
Effective on adoption of this Notice, all the following applications shall be abated within C3, C4,
M1, PID and mixed use zoning districts during the study period:
A. All new applications for the conversion (zoning) of commercial or industrial land to a
non - commercial or non - industrial zoning district;
B. All new applications for amending a master plan to reduce the approved square footage
allocated to office, commercial or industrial uses or use options;
C. All new conditional use applications for tax exempt not - for -profit entities; and
D. All new applications for building permits involving a tax exempt not - for - profit entities
that represents a change in building occupancy.
This Notice of Intent shall only apply to said complete applications accepted by the City after the
Notice of Intent is executed.
ADDITIONAL NOTICE
1. The Notice of Intent shall be posted in the Development Department and in the notice
case located at the main entrance to City Hall.
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2. A copy of the Notice of Intent shall be mailed to the Chamber of Commerce.
3. Following issuance of this Notice of Intent, the notice shall be provided to all applicants
who may be potentially affected by the pending study and regulatory changes. This
notice shall be provided to those individuals by mail, facsimile, electronic mail or in
person. Comments including written objections to the Notice of Intent, shall be accepted
by the Development Department Director from recipients of this notice.
Neither failure by the City Clerk to provide notice as set forth in this section nor the lack of
awareness of any potentially affected applicant shall not invalidate the applicability of this
notice.
Dated:
Adopted by Resolution number R11- 14 of the City Commission of the City of Boynton
Beach, Florida the 15 day of / 0V. , 2011
•
By: d! _ •
Of ice of the City Clerk
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The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742 -6060
FAX: (561) 742 -6090
E -mail: prainitoj @bbfl.us
www.boynton- beach.org
November 16, 2011
GLENN JERGENSEN
PRESIDENT & CEO
GREATER BOYNTON BEACH CHAMBER OF COMMERCE
1880 NORTH CONGRESS AVENUE — STE 106
BOYNTON BEACH FL 33426
Re: R11 -129 — "Notice of Intent"
Dear Mr. Jergensen:
Attached for your information and use is a copy of Resolution R11 -129 that was
adopted by the City Commission at their regular meeting on November 15, 2011. That
Resolution authorizes the issuance of a "Notice of Intent ", copy attached, for a
temporary moratorium for 180 days in order to commence a study of the effect of tax
exempt not - for - profit entities which locate in the C -3, C -4, M -1, PID and Mixed Use
Zoning Districts.
If you have any questions, please contact me.
Very truly yours,
CITY OF BOYNTON BEACH
` I)1. P/U114;tAto
et M. Prainito, MMC
City Clerk
Attachment
c: Nancy Byrne, Mike Rumpf, Central File
S \CC\WP \AFTER COMMISSION \Other Transmittal Letters After Commission \2011 \R11 -129 - Chamber of Commerce - Notice of Intent doc
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