R16-150 1 RESOLUTION NO. R16-150
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, UNTIL JUNE 1, 2017, ON THE
7 INSTALLATION OF OR SITING OF ANY WIRELESS
8 COMMUNICATIONS FACILITY, AS DEFINED UNDER
9 SECTION 365.172, FLORIDA STATUTES, IN ANY
10 RIGHTS-OF-WAY WITHIN THE CITY OF BOYNTON
11 BEACH, FLORIDA; PROVIDING AN EFFECTIVE
12 DATE
13
14 WHEREAS, Ordinance 00-53 authorizes temporary moratoriums to allow the City staff
15 and City consultants to study the need for modifications to City development regulations in
16 response to trends on development or redevelopment in the City; and
17 WHEREAS, the United States Supreme Court in its 2002 opinion in Tahoe-Sierra
18 Preservation Council, Inc. v. Tahoe Regional Planning Agency recognized that the moratoria, or
19 "interim development controls" as they are often called, are an essential tool of successful
20 development; and,
21 WHEREAS, based upon the above facts and recommendations from City
22 Administration, the City Commission deems it necessary and to be in the best interests of the
23 health, safety, and welfare of the citizens and residents of the City of Boynton Beach, to impose
24 a moratorium on processing, consideration, and the approval of any new applications or the
25 , issuance of any building permits, engineering permits, or development orders for the installation
26 of or siting of any wireless communications facility as defined under Section 365.172, Florida
27 Statutes, in any rights-of-way within the City of Boynton Beach, Florida until June 1, 2017; and,
28 WHEREAS, the Commission deems it timely and in the best interest of the City and its
29 residents to undertake review and revision of the zoning regulations as they relate to the siting,
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30 placement, and design of wireless communication facilities located within rights-of-way within
31 the City of Boynton Beach; and,
32 WHEREAS, the Commission has authority to initiate the review process by resolution
33 and issuance of a Notice of Intent; and,
34 WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents a
35 formal announcement of said planning activities, and the period during which time all
36 applications related to the siting and placement of wireless communication facilities in the rights-
37 of-way within the City of Boynton Beach will not be accepted or processed; and,
38 WHEREAS, this Notice of Intent will be in effect from the. date-of adoption and
39 thereafter up to and including June 1, 2017, unless otherwise terminated or extended by the City
40 Commission by subsequent Resolution following public hearing; and,
41 WHEREAS, the Commission intends that this Resolution constitute zoning in progress
42 and the commencement of a temporary moratorium as a means of temporarily suspending the
43 processing, consideration, and the approval of any new applications or the issuance of any
44 building permits, engineering permits, or development orders for the installation of or siting of
45 any wireless communications facility as defined under Section 365.172, Florida Statutes, in any
46 rights-of-way within the City of Boynton Beach, Florida until June 1, 2017; and
47 WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter
48 166 of the Florida Statutes, the City of Boynton Beach is authorized and required to protect the
49 public health, safety and welfare of its citizens and has the power and authority to enact
50 regulations for valid governmental purposes that are not inconsistent with general or special law;
51 and,
52 WHEREAS, the public health, safety and welfare is a legitimate public purpose
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53 recognized by the courts of the State of Florida.
54 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
55 CITY OF BOYNTON BEACH, FLORIDA, THAT:
56 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
57 being true and correct and are hereby made a specific part of this Resolution upon adoption
58 hereof.
59 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
60 issue the Notice of Intent attached hereto as Exhibit"A".
61 Section 3. That this Resolution shall become effective city-wide immediately upon
62 passage.
63 Section 4. The Notice of Intent shall be posted and copies provided as required by
64 Ordinance 000-053.
65 Section 5. No application for a development activity, permit, or Business Tax
66 Receipt, that is defined within the scope of the study shall be accepted or processed by the City,
67 following the date of adoption of this Resolution during the study period.
68 Section 6. The City Commission requests that the City Administration address in its
69 study the issues as identified in the Notice of Intent attached hereto as Exhibit"A".
70
71 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
72
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73 PASSED AND ADOPTED this / day of A(//e'ier, 2016.
74
75
76 CITY OF BOYNTON BEACH, FLORIDA
77
78 YES NO
79
80 Mayor— Steven B. Grant
81
82 Vice Mayor—Mack McCray
83
84 Commissioner—Justin Katz
85
86 Commissioner—Christina L. Romelus
87
88 Commissioner—Joe Casello til,
89
90 / f
91 VOTE /JO
92
93 ATTEST:
94
95
97 J dith A. Pyle, CMC
98 Ory Clerk
99
100
101 g01.
102 (Corporate Seal)
103 ,181
1
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NOTICE OF INTENT TO ADOPT PENDING AMENDMENTS
TO LAND DEVELOPMENT REGULATIONS
NOI #2016-01
STATEMENT OF PURPOSE AND SCOPE OF STUDY
The purpose of this Notice of Intent is to declare, in anticipation of amendments to the City's
Land Development Regulations, a study period to implement revisions to the City's Land
Development Regulations related to the siting and installation of wireless communication
facilities in rights-of-way within the City of Boynton Beach.
AFFECTED AREA
All rights-of-way within the municipal boundaries of the City of Boynton Beach
GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT
REGULATIONS (LDR)
A. The addition of development standards to ensure compatibility between adjoining
properties and the wireless communication facilities that are placed in the rights-of-way
within the City of Boynton Beach; and
B. The addition of engineering and development standards to insure public safety is
addressed with respect to the siting and installation of wireless communication facilities
in the rights-of-way within the City of Boynton Beach
C. Adoption of application processes or operational policies or review criteria applicable to
the siting and installation of wireless communication facilities in rights-of-way within the
City of Boynton Beach.
D. Needed Land Development Regulations and standards that emphasize the value of
beautification and aesthetics within neighborhoods and along roadway corridors within
the City, and particularly emphasize and promote stealth equipment and collocation
where possible.
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 public safety and promote sound
planning, and preserve the aesthetic environment and quality of life, without effectively
prohibiting the placement of wireless communication facilities in the rights-of-way within the
City of Boynton Beach.
EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE
THE SUBJECT OF THE STUDY AND MAY BE AMENDED
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Land Development Regulations, Chapter 3, "Zoning", Article V, "Supplemental Regulations",
Section 13, "Wireless Communication Facilities (WCF)".
PROJECTED TIME FRAME FOR STUDY
From approval of the NOI by the City Commission, up to, and including, June 1, 2017.
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 the City
during the study period:
A. All new applications for wireless communication facilities in the rights-of-way;
B. All new applications for building permits for wireless communication facilities in the
rights-of-way.
This Notice of Intent shall only apply to all complete applications submitted to 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.
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.
4. Notice shall be provided to the City's Planning and Development Board.
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:
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I Adopted by Resolution number R16- /5O of the City Commission of the City of
Boynton BA-.ch, Florida the `/- day of /149 ,r, , 2016.
By: i4A10:1r-/) }
t1
0 ' ice of the City 5rrk
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