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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).