19-034 ORDINANCE NO. 19-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING THE LAND DEVELOPMENT REGULATIONS
CHAPTER 2 "LAND DEVELOPMENT PROCESS", ARTICLE II.
"PLANNING AND ZONING DIVISION SERVICES", SECTION 2. F.
"SITE PLAN, INCLUDING TIME EXTENSION AND
MODIFICATIONS" THAT BEGIN IMPLEMENTING STAFF
RECOMMENDATIONS FROM THE INTERNAL REVIEW OF THE
CITY'S DEVELOPMENT REVIEW PROCESS; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS,the staff commenced a comprehensive review of the City's development
review process with the objective of improving efficiency,customer service and the image of
the Department's operation. This effort began in May, 2019 and recommendations for
• improvement will be presented in phases as the evaluation project progresses; and
WHEREAS, the first round of changes are designed to make the site plan process
more streamlined and efficient by allowing staff to grant administrative approval for more
types of applications; and
; WHEREAS, the magnitude of reduction in review time varies by project type and
size; however,processing time could be reduced by up to 3 months by reviewing an
.. application administratively instead of through the full site plan review process.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
r THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
Section 1. The foregoing whereas clauses are true and correct and are now ratified
', and confirmed by the City Commission.
Section 2. City of Boynton Beach Land Development Regulations, Chapter 2,
; "Land Development Process", Article II "Planning and Zoning Division Services", Sec. 2F
I' "Site Plan, Including Time Extension and Modifications" is hereby amended as follows:
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33 Sec. 2. Standard Applications
3 4 F. Site Plan, Including Time Extension and Modifications.
35 1. General.
35 _ a. Purpose and Intent. The purpose of this subsection is to set forth uniform procedures,well-
3 7 defined application processes,and information to guide the review of site plan submittals. The
33 applicant shall schedule a pre-application conference with staff and bring the proposed site plan. 4t
4)
41 Definitions)and meets the intent of the city's green building initiatives.
42 - b. Applicability. New site plans are either"minor" or"major" based on criteria within this
43 section.The following applications shall be considered "major": : :.' :•- ••• • - • •
44 for projects requiring site plan approval until after the plan has been approved by the city. Tho
4 5 (1) All new developments;
47 (2) All modifications to existing development that expand floor area, require increased
49 .."_.
51 . ee •. . _.. ' .
52 Article V. Section 3).
53 (1) Site plans containing more than ten(10)new multifamily dwelling units;
54 (2) Site plans for new non-residential structures over 15,000 square feet;
55 (3) Site plans requiring an application for Conditional Use;
56 (4) Site plans requiring a relief application;and
57 (5) Site plans for city-owned or operated facilities that causes a significant impact to
58 abutting and adjacent properties,as determined by the Planning&Zoning
59 Administrator.
50 c. Exemptions. The following work shall not be required to undergo site plan review as
61 required by this chapter:
62 (1) The construction of a single-family home or a duplex;
63 (2) Interior renovations,except projects as specified in Section 2.F.I.b.(2)above;
64 (3) Installation of fire sprinklers;
65 CO Replacement of existing electrical components:
66 (5) Installation of fire alarms; or
67
619 (2) Internal modifications to a structure including plumbing,electrical,and mechanical with
71 no effect to the exterior of the structure;
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71 (3)Any modification of an existing structure that does not increase the total size of the
72 structure and does not change the building footprint;
73 (4)Addition of awnings,canopies,or ornamental structures;
71 (5)Pools, including redesign and relocation;
75 (6)Other minor structural additions or alterations, including stairs,porches,terraces,
75 fencing,etc.:.
77 (7)Garages and accessory structures in residential districts;
73 (8)New structures and additions to existing structures of fewer than 1,000 gross square feet
7) in non-residential zoning districts;
3) (9)Any modification of,or addition to an existing site necessary to implement a Corrective
31 Action Plan and/or the City's Chronic Nuisance Property Code(See Part II. Code of
3 2 Ordinances,Chapter 15).
33 —
35 of Chapter 1.Article VI, the Director of Planning and Zoning or designee may waive the
35 requirement for site plan review based upon all of the following factors:
37 (1) The remodeling,alteration,or redevelopment does not change the preexisting
39
)1
)2 off street parking spaces;
)3 (1) Complianct, • • - ..
)5 . -• .
D6 -
)7 intent of the city's green building initiatives.
98 2. Major Site Plan
)9 a2-. Submittal Requirements. See Section 1.D. above for the submittal requirements of this
1)0 application.
1)1 b4. Review Criteria. The site plan shall comply with the following: 1)requirements of the
1 DQ respective zoning district regulations of Chapter 3,Article III and;2) Ssite Ddevelopment Sstandards
I)3 described in Chapter 4,Article XII.; . - • . • • .• .. •
1)4 green checklist. See Section 2.D.6.c. above for additional regulations regarding the requirement that
1)5 the site plan be consistent with the master plan when rezoning lands to a planned zoning district.
11)6 c.4. Approval Process. An application for site plan approval requires review by the City
1Y7 Commission and shall be processed in accordance with Chapter 2, Article I, Section 3.
1 DC d5. Expiration.
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109 (1)a: General. Upon approval of a site plan by the City Commission,the applicant shall have
11) eighteen(18)months to secure a building permit from the Development Department.
111 _ ..
1 1 2 sustainable project shall be required to secure a building permit in the time period in accordance with
11.3 Table 2 2:
114 (1) Table 2 2.
f_-sq__ )
Number-of
s Time-Period
<40,000 s.f. <80 du 3 years
> '10.000 s.f. > 80 du 5 y-ars
115 In addition,the applicant shall b... required to submit an annual progress report to the Director of
115 -• o - . .• . ' .
1 1 3 development after the initial eighteen(18)months if it is subsequently determined that it is not a
1 19 sustainable development. In these instances, the applicant may request a site plan tinic extension in
12) accordance with Scetion 2.F.6. below.
121 (2)-e: Null and Void. All previous approvals shall be null and void if the applicant is unable to
1,22 secure a building permit within the above timeframes. For the purposes of this section,minor
123 permits issued by the Departments of Development or Public Works(e.g. clearing and grubbing;
124 walls and fences; docks, land development; utilities; etc.)shall not constitute the type of permit
125 necessary to extend the life of a development order for site plan review purposes.
126 e.67 Time Extension.
127 We: General. An applicant may request to extend the approval of a site plan for an additional
128 time period,not to exceed eighteen(18)months,provided that such request for extension is filed
129 prior to the date of the expiration of the original eighteen(18)-month period. For the purposes of the
13) subsection, a"site plan" shall be construed to include either a new site plan or a major site plan
131 modification. There is no limit to the number of extensions that may be requested.
1132 (2)b Submittal Requirements. See Section 1.D. above for the submittal requirements of this
133 application.
1134 0_1e. Review Criteria. The site plan time extension shall comply with the requirements of the
135 respective zoning district regulations of Chapter 3,Article III and site development standards
136 described in Chapter 4. In addition,the following information shall be used to justify an application
137 for site plan time extension:
1138 A.{1-) Are there any recently adopted amendments to the Comprehensive Plan,
139 redevelopment plans, or Land Development Regulations that would cause the approved site
140 plan in its current configuration to become noncompliant?
1141 B.(- In determining good faith,some factors to be considered are the following: 1)the
142 extent to which a land development permit(if applicable)has been applied for by the
143 applicant and/or approved by the Engineering Division;2)when construction approved by
144 such land development permit has occurred(construction which is commenced immediately
145 preceding expiration generally indicating a lack of good faith); 3)the extent to which there
146 has been a bona fide continuous effort to develop but because of circumstances beyond the
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' r control of the applicant, it was not possible to meet the time limitation;and 4)the applicant
1. : has applied for or secured any building permits,or other types of permits from external
1 agencies, including anticipated dates for the issuance of the aforementioned permits?
1• C.(-34 Has the applicant paid any impact fees, including utilities or art in public places?
1.I D.(4-} Does the site plan comply with the concurrency requirements and of Palm Beach
1•• County and the city's Land Development Regulations?
11" E.(-5-) Other pertinent information can the applicant provide that would justify the request
1•, for site plan time extension?
1•. Old, Approval Process. An application for site plan time extension requires review by the
1 • City Commission and shall be processed in accordance with Chapter 2,Article I, Section 3.
1. (5)e: Expiration. Upon approval of site plan time extension by the City Commission,the
1.: applicant shall have the time approved by the City Commission to secure a building permit from the
1.! Development Department. All previous approvals shall become null and void if the applicant is
1.t' unable to secure a building permit within the above timeframe.
I 1•i (6)f Extension. The applicant may file a subsequent request for site plan time extension
1.► beyond that of the original extension; however,each subsequent request for site plan time extension
I•t shall be valid for a time period not to exceed one(1)year. Each subsequent request for site plan time
1., extension shall be filed prior to the expiration date of the preceding site plan time extension period.
1 . 0g, Miscellaneous. The original conditions of approval of the site plan are still applicable
1.• and must be addressed, unless otherwise approved by the City Commission. In granting such
1• extensions the City Commission may require modification to or impose additional conditions of
1•: approval to the site plan.
1.:
1 I 3. Minor Site Plan
1 11 a. Submittal Requirements. See Section 1.D. above for the submittal requirements of this
11/ application.
1 is b. Review Criteria. The site plan shall comply with the following: 1)requirements of the
IN, respective zoning district regulations of Chapter 3,Article III and 2) Site Development Standards
1 I. described in Chapter 4,Article XII. See Section 2.D.6.c. for additional regulations regarding the
1 . requirement that the site plan be consistent with the master plan when rezoning lands to a planned
1 zoning district.
1 N: c. Approval Process. The application shall be reviewed by staff and action will be taken by the
• appropriate administrative official.
180 d. . Expiration.
1 1 (1) General. Applicant shall have eighteen(18)months to secure a building permit from the
1 Development Department.
183 (2)Null and Void. All previous approvals shall be null and void if the applicant is unable to
181 secure a building permit within the above timeframes. For the purposes of this section,minor
185 permits issued by the Departments of Development or Public Works(e.g.clearing and
186 grubbing; walls and fences;docks, land development;utilities; etc.)shall not constitute the
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1:7 type of permit necessary to extend the life of a development order for site plan review
1:8 purposes.
1:9 e. Time Extension
1 (1) General. An applicant may request to extend the approval of a site plan for an additional
1i 1 time period, not to exceed eighteen(18)months,provided that such request for extension is filed
I 2 prior to the date of the expiration of the original eighteen(18)-month period. For the purposes of the
1 11 3 subsection, a"site plan" shall be construed to mean a minor site plan. There is no limit to the
114 number of extensions that may be requested.
1115 (2) Submittal Requirements. See Section 1.D. above for the submittal requirements of this
1116 application.
1 11 7 (3) Review Criteria. The site plan time extension shall comply with the requirements of the
1i8 respective zoning district regulations of Chapter 3,Article III and site development standards
lig described in Chapter 4. In addition,the following information shall be used to justify an application
•10 for site plan time extension:
201 A. Are there any recently adopted amendments to the Comprehensive Plan, redevelopment
202 plans, or Land Development Regulations that would cause the approved site plan in its
203 current configuration to become noncompliant?
B. In determining good faith, some factors to be considered are the following: 1)the
•15 extent to which a land development permit(if applicable)has been applied for by the
1' applicant and/or approved by the Engineering Division; 2)when construction approved by
M such land development permit has occurred(construction which is commenced immediately
M8 preceding expiration generally indicating a lack of good faith); 3)the extent to which there
has been a bona fide continuous effort to develop but because of circumstances beyond the
11 control of the applicant, it was not possible to meet the time limitation; and 4)the applicant
11 has applied for or secured any building permits, or other types of permits from external
1► agencies, including anticipated dates for the issuance of the aforementioned permits?
ii C. Has the applicant paid any impact fees, including utilities or art in public places?
21, D. Does the site plan comply with the concurrency requirements and of Palm Beach
21 County and the city's Land Development Regulations?
21. E. Other pertinent information can the applicant provide that would justify the request for
21 site plan time extension?
1: (4) Approval Process. An application for site plan time extension requires review by the
21: Planning&Zoning Administrator.
►. (5) Expiration. Upon approval of site plan time extension the applicant shall have the time
041 approved by the Planning&Zoning Administrator to secure a building permit from the Development
2;, Department. All previous approvals shall become null and void if the applicant is unable to secure a
2►'�c building permit within the above timeframe.
21, (6) Extension. The applicant may file a subsequent request for site plan time extension beyond
2E. that of the original extension;however,each subsequent request for site plan time extension shall be
2'. valid for a time period not to exceed one(1)year. Each subsequent request for site plan time
2' extension shall be filed prior to the expiration date of the preceding site plan time extension period.
2I. (7) Miscellaneous. The original conditions of approval of the site plan are still applicable and
2': must be addressed, unless otherwise approved by the Planning&Zoning Administrator. In granting
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234) such extensions staff may require modifications to or impose additional conditions of approval to the
231 site plan.
232 4-7. Modification to Site Plan.
233 - a. General. An applicant may request to modify an approved site plan. Changes to site plans
234 are either"minor" or"major" based on criteria within this section. The applicant shall schedule a
235 pre-application conference with staff - - . . - - .
236 Mbit t,.the incetin to facilitate a preliminary review of the Site Plan. Site Plan Modifications
237 shall be -. - ._ -•
238 modification is considered"major" if any of the following apply:
239 £1) The modification increases the buildable square footage of the development by more
240 than 15,000 square feet or twenty€I-ve-percent(203%),whichever is greater;the threshold
241 increases to twenty-fiveteft percent(25444%) if the project is certified by a third-party green
242 certification process. ..•_ . • - • - --• -- - -
243 green building initiatives.
244 (2) The modification reduces the provided number of parking spaces bolo k the
24.5 -
246
247 (23) The modification causes the development to be below the development standard for
248 the zoning district in which it is located or any other applicable standard in the Land
249 Development Regulations.
250 (34) The modification has an adverse effect on adjacent or nearby property or reduces
251 required physical buffers, such as fences,trees,or hedges.
1 252 (4:5) The modification adversely affects the elevation design of the structure or reduces the
253 overall design of the structure below the standards stated in the community design plan.
1254 (56) The modified development does not meets the concurrency requirements of the
255 Boynton Beach Comprehensive Plan.
1256 (67) The modification alters the project so that the modified site plan does not reasonably
257 resemble the approved site plan.
1258 (78) The modification affects or does not comply with a condition of approval of the
259 development order.
290 (84) The modification is proposed to a city-owned or operated facility ati-causes a
261 significant dents impact to abutting and adjacent properties: -- - ' .•
262
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2.: b. Major Modification.
2., (1) Submittal Requirements. See Section I.D. above for the submittal requirements of this
2.. application.
2.. (2) Review Criteria. The proposed major site plan modification shall comply with the
2.r requirements of the respective zoning district regulations of Chapter 3,Article III and site
2.: development standards described in Chapter 4.
2. (3) Approval Process. An application for major site plan modification requires review by
2►I the City Commission and shall be processed in accordance with Chapter 2,Article I, Section 3.
2►i (4) Expiration. Upon approval of a major site plan modification by the City Commission,
2'► the applicant shall have eighteen(18)months to secure a building permit from the Development
2': Department. All previous approvals shall be null and void if applicant is unable to secure a building
2► permit within the above timeframe.
2►. For the purposes of this section,minor permits issued by the Departments of Development or
2►. Public Works(e.g. clearing and grubbing; walls and fences; docks,land development;utilities;etc.)
2► shall not constitute the type of permit necessary to extend the life of a development order for a major
2►: site plan modification.
2' (5) Extension. An applicant may request to extend the approval of a major site plan
2:r' modification for a time period not to exceed eighteen(18)months,provided that such request for
2:i extension is filed prior to the date of the expiration of the original eighteen(18)-month period. The
2:► request shall be processed in accordance with Section 2.F.6. above.
2:: (6) Miscellaneous. At the time the City Commission approves a request for a major site
2:, plan modification, any previously approved site plan,including any conditions for approval,shall be
2:• null and void. All future development shall be consistent with the master site plan,as modified and
2:. approved by the City Commission, including all corresponding conditions of approval.
2: c. Minor Modification.
2:: (1) Submittal Requirements. The applicant shall submit a letter explaining the
2:, modification(s)along with the affected plans and exhibits(in the number of copies specified by the
2'I Division). The applicant shall also provide consent from the property owner to file an application for
2 I the minor site plan modification.
2'P (2) Review Criteria. The proposed minor site plan modification shall comply with the
2!U requirements of the respective zoning district regulations of Chapter 3,Article III and site
2 ' development standards described in Chapter 4.
2'. (3) Approval Process. The application shall be reviewed by staff and action will be taken by
2 • the appropriate administrative official. Upon approval of a minor site plan modification, all future
2 t development shall be consistent with the site plan,as modified,including all previously approved
2': conditions of approval associated with the site plan.
2"
3 I I
3�
31► Section 3. Each and every other provision of the Land Development Regulations
31 t not herein specifically amended, shall remain in full force and effect as originally adopted.
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3)4 Section 4. All laws and ordinances applying to the City of Boynton Beach in
3)5 conflict with any provisions of this ordinance are hereby repealed.
336 Section 5. Should any section or provision of this Ordinance or any portion
33'7 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
3 De affect the remainder of this Ordinance.
3 D9 Section 6. Authority is hereby given to codify this Ordinance.
310 Section 7. This Ordinance shall become effective immediately.
311 FIRST READING this I7day of. j Crn- , 2019.
312 SECOND, FINAL READING AND PASSAGE this 1 day of 064-chez;2019.
313 CITY OF BOYNTON BEACH, FLORIDA
314
315 YES NO
316
317 Mayor—Steven B. Grant I/
318
319 Vice Mayor—Justin Katz
3210
321 Commissioner—Mack McCray ✓
322
323 Commissioner—Christina L. Romelus t/
32,4
32.5 Commissioner—Ty Penserga
3216
327 VOTE y,/
328
329 ATTEST:
330
331
33.2
333 A4//
334 tal Gibson, MMC
335 City Cl(tr)ki
336 . OR
•'
337
338 . . . ten-4C
339 ,
1"0
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..: -9-
1 RESOLUTION NO. R19-115
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO
SIGN A NON-EXCLUSIVE GROUND LEASE WITH FH
QUANTUM, LLC., TO CONSTRUCT A PARKING LOT FOR
QUANTUM ECO PARK TO SERVE THE PARKING
REQUIREMENTS FOR A 60 ACRE PARK.; AND PROVIDING AN
• EFFECTIVE DATE.
1s
11 WHEREAS, the owners of 3301 Quantum Blvd approached the City to construct a
1 . parking lot on City property to serve the proposed Quantum Eco Park to facilitate additional
1 growth of the tenant located in 3301 Quantum Blvd.; and
1, WHEREAS, the Quantum Park Overlay Development District (QPODD)has been
1 - planning a park development project for both the City property and the QPODD property and
1: the QPODD has approved a budget to set aside funds to develop this park which will include
1 passive hiking trails, shelters, canoe and kayak launching points and restoration of the sand
1: pine environmental community and associated infrastructure including parking and restrooms;
1• and
2. WHEREAS, this Ground Lease Agreement will provide the required parking for the
2 new eco-park utilizing private funds and the developer will use 75% of the spaces during the
2 business day to allow an expansion of the medical industry business located at 3301 Quantum
2 Blvd., while the remaining spaces will be available for park patrons during the business day
2, and all spaces will be available for weekend visitors which is the peak visitor time frame for
2' this type of park; and
2: WHEREAS,the City Commission has determined that it is in the best interests of the
2 residents of the City to approve and authorize the Mayor to sign Ground Lease Agreement
2: with FH Quantum LLC,to construct a parking lot for Quantum Eco Park to serve the parking
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2• requirements for a 60 acre park.
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
3 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
3 being true and correct and are hereby made a specific part of this Resolution upon adoption
3, hereof.
3' Section 2. The City Commission does hereby approve and authorize the Mayor to
3; sign a Ground Lease Agreement with FH Quantum LLC, to construct a parking lot for
3 Quantum Eco Park to serve the parking requirements for a 60 acre park,a copy of the Ground
3: Lease Agreement is attached hereto as Exhibit"A".
3' Section 3. This Resolution shall become effective immediately upon passage.
4f
4 PASSED AND ADOPTED this 15th day of &4b , 2019.
4 CITY OF BOYNTON BEACH, FLORIDA
4 YES NO
4,
4• Mayor-Steven B. Grant ✓
4:
4 Vice Mayor-Justin Katz
4:
4' Commissioner-Mack McCray
5f
5 Commissioner-Christina L. Romelus ✓
5•
5 Commissioner-Ty Penserga
5,
5• VOTE S-O
5: ATTEST:
5 .dti..x. b.i
5;. /A//. p. "0;31.1
5 Cry al Gibson, MMC r � `a
• Y k
6f, City Clerk =ti ((/�yyam
6 yYr 1 J2V fly
{_ a
6 (Corporate Seal)
°t r Rt'(�
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