15-023ORDINANCE NO. 15 -023
1
1
1
1
1
1
1
1
1
11
2
2
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING THE LAND DEVELOPMENT
REGULATIONS, CHAPTER 1, GENERAL ADMINISTRATION,
ARTICLE VI, CONCURRENCY MANGEMENT, SECTION LE.
LONG RANGE CAPACITY PLANNING; CHAPTER 2, LAND
DEVELOPMENT PROCESS, ARTICLE II, SECTION 2.B.,
SECTION 2.D. AND SECTION 2.F; CHAPTER 3, ZONING,
ARTICLE III, SECTION 5, MIXED -USE (URBAN) DISTRICTS;
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, staff is proposing amendments to the Land Development
Regulations (LDR) regarding; and
WHEREAS, the first amendment would allow city- initiated requests for rezoning
lands to a planned zoning district to be processed without a concurrent master plan or site
plan; and
WHEREAS, staff is also recommending an exemption to city- initiated Future
Land Use Map (FLUM) amendments and rezoning requests implementing
recommendations of redevelopment plans from the full criteria -based review; and
WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
the best interest of the citizens and residents of the City to amend the Land Development
Regulations to allow city - initiated requests for rezoning lands to a planned zoning district
to be processed without a concurrent master plan or site plan and exempt city - initiated
Future Land Use Map (FLUM) amendments and rezoning requests implementing
recommendations of redevelopment plans from the full criteria -based review.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
3:
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1 . The foregoing whereas clauses are true and correct and are now
1
ratified and confirmed by the City Commission.
Section 2. Chapter 1, "General Administration" Article VI, Section 1.E.2. of
the City of Boynton Beach Code of Ordinances, Part III, Land Development Regulations,
is hereby amended as follows:
Section I.E. Long Range Capacity Planning
2. Any privately- initiated application to rezone to a planned zoning district
requires a master plan in accordance with Chapter 2, Article II, Section 2.D.6., except as
pfevided and such master plan shall be subject to concurrency review as required in
Section 1.C.2. above.
1d
Section 3. Chapter 2, "Land Development Process" Article II, Section 2.13. of
the City of Boynton Beach Code of Ordinances, Part III, Land Development Regulations,
is hereby amended as follows:
Section 2.13. Future Land Use Map (FLUM) Amendment
c. Review Criteria. All privately initiated FLUM amendments shall be reviewed
concurrently with the accompanying zoning request. Except for City- initiated FLUM
amendments, which shall at a minimum meet criterion (2) for "Consistency ", a Approval
of a FLUM amendment/zoning request shall be based on one (1) or more of the following
factors:
N
(2) Consistency. Whether the proposed FLUM amendment and rezoning would
be consistent with the purpose and intent of, and promote, the applicable Comprehensive
Plan policies, redevelopment plans, and Land Development Regulations. Approvals of
requests to rezone to a planned zoning district may include limitations or requirements
imposed on the master plan in order to maintain such consistency.
Section 4. Chapter 2, "Land Development Process" Article II, Section 2.D. of
the City of Boynton Beach Code of Ordinances, Part III, Land Development Regulations,
is hereby amended as follows:
3
Section 2.13. Rezoning, including Master Plan
1. General
e. Rezoning to Planned Zoning Districts. A master plan, along with the concurrent filing and
review of a site plan application, shall be required when an- privately- initiated application
2
is made to rezone lands to a planned zoning district. The master plan shall be an integral
component of the rezoning application: however, City- initiated rezoning can proceed in
advance of the master plan /site plan submittal. and The master plan shall be reviewed in
accordance with Section 2.13.6. below. See Section 2.F. below for additional regulations
pertaining to the site plan application.
1
1
1
1
1
3. Review Criteria. Except for City- initiated rezonings, which shall at a minimum meet
criterion (2) for "Consistency." approval of aAn amendment to the official zoning map
processed with or without the FLUM amendment shall be reviewed based on one 1 or
more of the following factors:
(2) Consistency. Whether the proposed FLUM amendment and rezoning would be
consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan
policies, redevelopment plans, and Land Development Regulations. Approvals of requests
to rezone to a planned zoning district may include limitations or requirements imposed on
the master plan in order to maintain such consistency.
6. Master Plan
b. Submittal Requirements. The applicant is required to complete the rezoning application
I (see Section —I -2.13. I above), including that which pertains to master plan review, in
addition to the site plan application, and provide all documentation required by the
respective application checklist.
2 d. Approval Process. A privately- initiated request to rezone (and its accompanying
2 master plan) shall be reviewed concurrently with the processing of the site plan
2 application. Both applications require review by the City Commission and shall be
2 processed in accordance with Chapter 2, Article I, Section 3.
2 e. Expiration. A master plan, which is an integral component of a rezoning application to a
2 planned zoning district pursuant to except as provided in Section 2.D. i.e. above, shall
2 remain valid unless the corresponding site plan expires. In these instances, the official
2 zoning map retains the planned zoning district designation, but the property does not
2 possess a valid development order or development permit, and no permits may be granted
2 by the city on the subject property. The submittal and approval of a new rezoning
3 application, which includes a new or modified master plan and concurrent site plan
3 application, except as provided in Section 2.D.I.e above, shall be required in order to
3 commence development, redevelopment, or other site improvements.
Section 2.17. Site Plan, Including Time Extension and Modifications
8. Miscellaneous
3
a. Site plan review shall be required in conjunction with a master plan when rezoning lands to
3V I a planned zoning district:, except as provided in Section 2.D.I.e.- See Section 2.13.6. above
3$1 for additional regulations pertaining to the rezoning process. In such instances, the site plan
3
shall be consistent with the master plan
Section 5. Chapter 3, "Zoning" Article III, Section 5 of the City of Boynton
Beach Code of Ordinances, Part III, Land Development Regulations, is hereby amended
as follows:
Sec. 5. Mixed -Use (Urban) Districts.
i
1
1
1
1
1
1
1
1
1
PA
A. General.
1. Purpose and Intent. The mixed -use (urban) zoning districts are intended to implement the
community redevelopment plans, in part, by providing for a mixture of land uses,
accommodating varying densities and intensities appropriate for each planning area, and
by establishing quality streetscapes and pedestrian environments as part of a compact
urban setting. These districts are also intended to support transit ridership and in
particular, the development of transit - oriented developments near planned passenger
train stations along the FEC Railroad corridor, such as the designated location along
Northeast 4th Street, between Boynton Beach Boulevard and Ocean Avenue. Additional
standards and requirements of this section are based on the proximity to the planned
train station, and location within the transit core, which is defined as the area extending
one - quarter (1/4) mile from the train station (see map # to be determined). To ensure
compliance with these Regulations, an application for site plan approval shall be
required and reviewed concurrently with any request to rezone lands to a mixed -use
(urban) district, except as provided in Section 2.D.l.e. Also see Chapter 4, Article II1,
Section 6.H. for design and compatibility standards, as well as the urban design
guidelines for development within the Boynton Beach community redevelopment area
(urban design guidelines).
Section 6. Should any section or provision of this Ordinance or any portion
2
thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
Section 7. Authority is hereby given to codify this Ordinance.
Section 8. This Ordinance shall become effective immediately.
3
4
FIRST READING this 3 RD day of SEPTEMBER, 2015.
SECOND, FINAL READING AND PASSAGE this 6 day of OCTOBER 2015.
CITY OF BOYNTON BEACH, FLORIDA
Mayor — Jerry Taylor
I
1
1
1
1 ATTEST:
2 - ! /y
2 JCIerk M. Prainito, MMC
2
2
Vice Mayor — Joe Casello
Commissioner — David T. Merker
Commissioner — Mack McCray
Commissioner — Michael M. Fitzpatrick
VOTE
YES NO
5 —D
5
EXHIBIT A
PROPOSED LDR AMENDMENTS
PART III. LAND DEVELOPMENT REGULATIONS
CHAPTER 1. GENERAL ADMINISTRATION
ARTICLE VI. CONCURRENCY MANAGEMENT SYSTEM
Section I.E. Long -Range Capacity Planning
2. Any privately- initiated application to rezone to a planned zoning district requires a master
plan in accordance with Chapter 2, Article II, Section 2.D.6., except as p,., videa and such
master plan shall be subject to concurrency review as required in Section 1.C.2. above.
CHAPTER 2. LAND DEVELOPMENT PROCESS
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
Section 2.13. Future Land Use Map (FLUM) Amendment
c. Review Criteria. All privately initiated FLUM amendments shall be reviewed concurrently
with the accompanying zoning request. Except for City- initiated FLUM amendments, which
shall at a minimum meet criterion (2) for "Consistences' aApproval of a FLUM
amendment/zoning request shall be based on one (1) or more of the following factors:
(2) Consistency. Whether the proposed FLUM amendment and rezoning would be consistent
with the purpose and intent of, and promote, the applicable Comprehensive Plan policies,
redevelopment plans, and Land Development Regulations. Approvals of requests to rezone to a
planned zoning district may include limitations or requirements imposed on the master plan in
order to maintain such consistency.
Section 2.13. Rezoning, including Master Plan
1. General
e. Rezoning to Planned Zoning Districts. A master plan, along with the concurrent filing and
review of a site plan application, shall be required when a- privately- initiated application is
made to rezone lands to a planned zoning district. The master plan shall be an integral
component of the rezoning application however, City- initiated rezoning can proceed in advance
of the master plan /site plan submittal. The master plan shall be reviewed in accordance with
Section 2.13.6. below. See Section 2.1 below for additional regulations pertaining to the site
plan application.
EXHIBIT A
3. Review Criteria. Except for City- initiated rezonin which shall at a minimum meet
criterion (2) for "Consistency," pproval of a An amendment to the official zoning map processed
with or without the FLUM amendment shall be feviewed -based on one (1) or more of the
following factors:
(2) Consistency. Whether the proposed FLUM amendment and rezoning would be consistent
with the purpose and intent of, and promote, the applicable Comprehensive Plan policies,
redevelopment plans, and Land Development Regulations. Approvals of requests to rezone to a
planned zoning district may include limitations or requirements imposed on the master plan in
order to maintain such consistency.
6. Master Plan
b. Submittal Requirements. The applicant is required to complete the rezoning application
(see Section42.D.I above), including that which pertains to master plan review, in addition to
the site plan application, and provide all documentation required by the respective application
checklist.
d. Approval Process. A privately- initiated request to rezone (and its accompanying master
plan) shall be reviewed concurrently with the processing of the site plan application. Both
applications require review by the City Commission and shall be processed in accordance with
Chapter 2, Article I, Section 3.
e. Expiration. A master plan, which is an integral component of a rezoning application to a
planned zoning district pur-stiant. - te except as provided in Section 2.D. Le. above, shall remain
valid unless the corresponding site plan expires. In these instances, the official zoning map
retains the planned zoning district designation, but the property does not possess a valid
development order or development permit, and no permits may be granted by the city on the
subject property. The submittal and approval of a new rezoning application, which includes a
new or modified master plan and concurrent site plan application except as provided in Section
2.D.I .e above, shall be required in order to commence development, redevelopment, or other
site improvements.
Section 2.17. Site Plan, Including Time Extension and Modifications
8. Miscellaneous
a. Site plan review shall be required in conjunction with a master plan when rezoning lands to
a planned zoning district. except as provided in Section 2.13.I.e. See Section 2.13.6. above for
additional regulations pertaining to the rezoning process. In such instances, the site plan shall be
consistent with the master plan.
CHAPTER 3. ZONING
ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES
EXHIBIT A
Sec. 5. Mixed -Use (Urban) Districts.
A. General.
1. Purpose and Intent. The mixed -use (urban) zoning districts are intended to implement the
community redevelopment plans, in part, by providing for a mixture of land uses,
accommodating varying densities and intensities appropriate for each planning area, and by
establishing quality streetscapes and pedestrian environments as part of a compact urban
setting. These districts are also intended to support transit ridership and in particular, the
development of transit- oriented developments near planned passenger train stations along the
FEC Railroad corridor, such as the designated location along Northeast 4th Street, between
Boynton Beach Boulevard and Ocean Avenue. Additional standards and requirements of this
section are based on the proximity to the planned train station, and location within the transit
core, which is defined as the area extending one - quarter (1/4) mile from the train station (see
map # to be determined). To ensure compliance with these Regulations, an application for site
plan approval shall be required and reviewed concurrently with any request to rezone lands to a
mixed -use (urban) district except as provided in Section 2.D. Le Also see Chapter 4, Article I11,
Section 6 .H. for design and compatibility standards, as well as the urban design guidelines for
development within the Boynton Beach community redevelopment area (urban design
guidelines).