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22-009 1 ORDINANCE NO. 22-009 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING THE LAND DEVELOPMENT REGULATIONS CHAPTER 2, 6 ARTICLE II, SECTION 2. STANDARD APPLICATIONS TO REVISE 7 REVIEW CRITERIA FOR FUTURE LAND USE MAP AMENDMENTS 8 AND REZONING, PROVIDING FOR CONFLICT, SEVERABILITY, 9 CODIFICATION AND AN EFFECTIVE DATE. 10 11 12 WHEREAS, all applications for future land use map amendments and rezoning are 13 reviewed against specific review criteria in the Land Development Regulations; and 14 WHEREAS, the review criteria in their current form are often construed as redundant and 15 unclear; and 16 WHEREAS, the revisions contained herein are made to clarify the review criteria; and 17 WHEREAS, the City Commission of the City of Boynton Beach has considered the 18 recommendations and has determined that it is in the best interest of the citizens and residents 19 of the City of Boynton Beach, Florida to approve the amendments to the Land Development 20 Regulations as contained herein. 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 24 confirmed by the City Commission. 25 Section 2. City of Boynton Beach Land Development Regulations, Chapter 2, "Land 26 Development Process",Article II, Section 2, "Standard Applications" is hereby amended as follows: 27 See Exhibit"A"attached hereto and incorporated herein. 28 29 Section 3. Each and every other provision of the Land Development Regulations not S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2)FLUM And Rezone Criteria -Ordinance.Docx 30 herein specifically amended, shall remain in full force and effect as originally adopted. 31 Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict 32 with any provisions of this ordinance are hereby repealed. 33 Section 5. Should any section or provision of this Ordinance or any portion thereof be 34 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 35 remainder of this Ordinance. 36 Section 6. Authority is hereby given to codify this Ordinance. 37 Section 7. This Ordinance shall become effective immediately. 38 FIRST READING this 15th day of February, 2022. 39SECOND, FINAL READING AND PASSAGE this 'S� day of March, 2022. 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES NO 42 43 Mayor—Steven B. Grant 44 45 Vice Mayor—Woodrow L. Hay ✓ 46 47 Commissioner—Justin Katz 48 49 Commissioner—Christina L. Romelus ✓ 50 51 Commissioner—Ty Penserga ✓ 52 53 VOTE 5-O 54 ATTEST: 55 56 57 • dWrystal Gibs,n, MMC City Clerk 0 61 (Corporate Seal) ; '() 2 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2)FLUM And Rezone Criteria -Ordinance.Docx EXHIBIT "A" PART III. LAND DEVELOPMENT REGULATIONS CHAPTER 2: LAND DEVELOPMENT PROCESS ARTICLE II. PLANNING AND ZONING DIVISION SERVICES ... Sec. 2. Standard Applications. B. Comprehensive Plan Amendments. ... 3. Future Land Use Map (FLUM) Amendment. a. General. (1) The purpose of this subsection is to provide a means for changing the boundaries and/or classifications of the FLUM through site-specific amendments to the Comprehensive Plan. (2) A request for FLUM amendment for parcels of ten-fifty(4-850) acres or fewer shall be considered small scale,and all others shall be considered large scale,based on F.S.Chapter 163. (3) All privately initiated FLUM amendments shall be accompanied by an application to rezone to a zoning district consistent with the requested FLUM classification. See Section 2.D.below for the process by which lands are rezoned to a different zoning district. b. Submittal Requirements. See Section 1.D. above for the submittal requirements of this application. 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," approval of a FLUM amendment/zoning request shall be based on one (1) or more of the following applicable factors listed under Section 2.D.3.below.* . , . . (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 the master plan in order to maintain such consistency. (3) Land Use Pattern. Whether the proposed FLUM amendment and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. (4) Sustainability. Whether the proposed FLUM amendment and rezoning would support the integration of a mix of land uses consistent with the smart growth or alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. (5) Availability of Public Services/Infrastructure. All requests for FLUM permitted under the requested land use classification. An accompanying request to rezone to a planned zoning district is subject to concurrency review pursuant to Chapter 1, Article VI, Concurrency. (6) Compatibility. The application shall consider the following factors to determine compatibility: (a) Whether the proposed FLUM amendment and rezoning would be compatible the property values of adjacent and nearby properties. (b) Whether the proposed FLUM amendment and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. (7) Alternative Sites. Whether there are adequate sites elsewhere in the city for the d. Approval Process. An application for FLUM amendment shall be processed in accordance with F.S. Chapter 163. e. Denial. No application for the same FLUM amendment shall be submitted within one (1) year from the date of denial by the City Commission. D. Rezoning, Including Master Plan. 1. General. a. Purpose and Intent. The purpose of this subsection is to provide a means for making necessary adjustments in response to or based upon changed conditions by changing the zoning district boundaries or designations through site-specific amendments to the official zoning map. It is not intended to relieve particular hardships or to confer special privileges or rights to any person. b. Authority. The City Commission has the authority to amend the official zoning map upon compliance with the provisions of this subsection. c. Initiation. Amendments to the official zoning map may be proposed by the owner (or agent) of the affected land,or city-initiated. d. Consistency with Future Land Use Map (FLUM) of Comprehensive Plan. No application to rezone lands may be submitted that would result in an inconsistency with the FLUM classification. See Section 2.B.3. above for the process by which to amend the FLUM classification. e. Rezoning to Planned Zoning Districts. A master plan shall be required when a privately-initiated application is made to rezone lands to a planned zoning district. A site plan may be submitted concurrently or at a later date. In projects consisting of only one phase,the site plan may act as the required master plan. 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.D.6. below. See Section 2.F. below for additional regulations pertaining to the site plan application. 2. Submittal Requirements. See Section 1.D.above for the submittal requirements of this application. 3. Review Criteria. Except for city-initiated rezonings, which shall at a minimum meet criterion (2b) for "Consistency" approval of an amendment to the official zoning map processed with or without the FLUM amendment shall be reviewed based on one(1) or more e--the following applicable factors: a. Demonstration of Need. Whether the proposed amendments to the FLU and Zoning maps are supported by the implementation of the City's vision for, or changes in the conditions or character of development in, the area under consideration. Ongoing or anticipated market trends may also be considered in a justification Statement provided as part of the application.A demonstration of need for the proposed zoning district and the land use classification.Appropriate data must be provided within the application. b. Consistency.Whether the proposed FLUM amendment and rezoningamendments to the FLU and Zoning maps would be consistent with, and promote,the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulationsor any other current City-approved planning documents. Approvals of a request to rezone to a planned zoning district may include limitations or requirements imposed on the master plan in order to maintain such consistency. c. Land Use Pattern. Whether the proposed rezoning/FLUM amendment would be contrary to the established land use pattern, or would create an isolated zoning district or land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude rezonings and FLUM c. Compatibility. The application shall consider whether the proposed Future Land Use and Zoning,or potential uses allowed in a proposed Zoning district,would be compatible with the surrounding uses in terms of density, scale, and the nature of use, or when such an amendment would normally create an isolated zoning district but would result in the incremental implementation of a redevelopment plan for the area. d. Orderly Growth. Whether the proposed amendments to the FLU and Zoning maps would encourage piecemeal development or create undevelopable parcels. de. SustainabilityLocation Efficiency. Whether the proposed amendments to the FLU and Zoning maps rezoning/FLUM amendment would support the integration of a mix of land uses consistent with smart growth or sustainability initiatives, with an emphasis on 1) complementary land uses i— the integration of a mix of land uses consistent with smart growth or sustainability initiatives:2-1-access to a wide range of mobility options:alternative modes of transportation; and=or, 3) interconnectivity within the project and between adjacent properties. -ef. Availability of Public Services/Infrastructure. All requests for FLUM amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI Concurrency. f. Compatibility. The application shall consider the following compatibility factors: (1) Whether the proposed rezoning and FLUM amendment, if submitted concurrently, would be compatible with the current and future use of adjacent and nearby properties,or would negatively affect the property values of adjacent and nearby properties. (2) Whether the proposed rezoning and FLUM amendment, if submitted concurrently, is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district,the review shall consider the economic benefits of the . . . •. . • . . . . , . . , .. . . . . . . . . . (1) Further implementation of the Economic Development (ED) Program; (2) Contribute to the enhancement and diversification of the city's tax base; (3) Respond to the current market demand or community needs or provide services or retail choices not locally available; (1) Create new employment opportunities for the residents,with pay at or above the (5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses,thus fostering synergy effects; and (7) Alleviate blight/economic obsolescence of the subject area. hg. Economic Development Impact Determination for Conventional Zoning Districts._ Whether the proposedFor rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would not further Economic Development Program, but also determine whether the proposal would: _(4a) Represent a potential decrease in the possible intensity of development,given .. - • - . . . . . . . •• aufl (a) Represent a potential decrease in the number of uses with high probable economic development benefits. And whether the proposed rezoning/FLUM amendments would: (c) Create new employment opportunities: (d) Contribute to the enhancement and diversification of the city's tax base; (e) Respond to the current or anticipated market demand or community needs: or (f) Alleviate economic obsolescence of the subject area. ih. Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed amendments to the FLU and Zoning maps would reduce the amount of land available for heavy commercial/industrial development. If such determination is made,the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides evidence of satisfying at least four-two (42) of the Direct Economic Development Benefits listed in subparagraph "g"above nd j. Alternative Sites. Whether there are sites available elsewhere in the city in zoning master plan and site plan review are required pursuant to Section 2.D.1.e. above, both shall 4. Approval Process. An application for rezoning approval requires review by the City Commission and shall be processed in accordance with Chapter 2,Article I, Section 3. 5. Denial. Within one (1) year from the date of denial by the City Commission or withdrawal of the application by the applicant,no application for same or similar zoning may be submitted,with the exception of applications which are initiated by the city. 6. Master Plan. a. General. The purpose of this subsection is to set forth well-defined application processes, review criteria, and uniform procedures for the rezoning of lands to planned districts (as defined by Chapter 1,Article II). b. Submittal Requirements. Except as provided in Section 2.D.6.e below,the applicant is required to complete the rezoning application (see Section 1.D. above), and provide all documentation required by the respective application checklist. c. Review Criteria. The approval of a master plan shall be reviewed based on the following factors: (1) Zoning and Standards Compliance. The master plan shall comply with the requirements of the respective zoning district regulations of Chapter 3,Article III and site development standards described in Chapter 4. I^ aaditio the site plan criteria of a sitc plan. (1) Diagrams. The master plan shall include diagrams which illustrate the location of uses and density on the site, including bubble diagrams. height. massing. and density of the proposed development. d. Approval Process. A privately-initiated request to rezone and its accompanying master planrequire review by the City Commission and shall be processed in accordance with Chapter 2,Article I,Section 3. e. Expiration. A master plan shall remain valid unless the corresponding site plan expires, or if the site plan is not adopted within eighteen (18) months of the date of the master plan approval. 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 or modified master plan, and a site plan application as provided in Section 2.D.1.e. above, shall be required in order to commence development, redevelopment, or other site improvements.