22-009 1 ORDINANCE NO. 22-009
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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.
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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32 with any provisions of this ordinance are hereby repealed.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
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45 Vice Mayor—Woodrow L. Hay ✓
46
47 Commissioner—Justin Katz
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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.