Loading...
23-003 1 2 ORDINANCE NO. 23-003 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 6 AMENDING THE LAND DEVELOPMENT REGULATIONS CHAPTER 2 LAND 7 DEVELOPMENT PROCESS, ARTICLE II PLANNING AND ZONING 8 DIVISION SERVICES, SECTION 2. STANDARD APPLICATIONS TO ADD A 9 SECTION FOR DEVELOPMENT AGREEMENTS; PROVIDING FOR 10 CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 11 12 13 WHEREAS, the Florida Legislature has previously enacted the Florida Local 14 Government Development Agreement Act (the Act), codified Sections 163.3220-163.3243, 15 Florida Statutes; and 16 WHEREAS, the Florida Legislature has determined that the lack of certainty in the 17 approval of development can result in a waste of economic and land resources, discourage 18 sound capital improvement planning and financing, escalate the cost of housing and 19 development, and discourage commitment to comprehensive planning; and 20 WHEREAS, the Florida Legislature has further determined that providing assurance 21 to developers through development agreements that they may proceed in accordance with 22 existing laws and policies,subject to the conditions of a development agreement, strengthens 23 the public planning process, encourages sound capital improvement planning and financing, 24 assists in assuring there are adequate capital facilities for the development, encourages 25 private participation in comprehensive planning, and reduces the economic costs of 26 development; and 27 WHEREAS, the Act authorizes local governments to enter into Development 28 Agreements with developers subject to the requirements of the Act; and 29 WHEREAS, the City of Boynton Beach deems it in the best interest of the City to 30 formally establish a policy that it may enter into Development Agreements when permitted 31 by Florida law and desired by the City Commission and a developer; and 32 WHEREAS, having considered the recommendations of the Planning and 33 Development Board, the City Commission of the City of Boynton Beach has found and S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2)(Development Agreements)-Ordinance.Docx 34 determined that the adoption of the development agreement ordinance will preserve the 35 public health, safety, and welfare, enhance the value and character of the community and is 36 consistent with the Comprehensive Plan. 37 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 38 OF BOYNTON BEACH, FLORIDA, THAT: 39 Section 1. The foregoing whereas clauses are true and correct and are now ratified 40 and confirmed by the City Commission. 41 Section 2. City of Boynton Beach Land Development Regulations,Chapter 2, Land 42 Development Process, Article II Planning and Zoning Division Services, Section 2. Standard 43 Applications is hereby amended as follows: 44 CHAPTER 2. LAND DEVELOPMENT PROCESS 45 ARTICLE II. PLANNING AND ZONING DIVISION SERVICES 46 Sec. 2. Standard Applications. 47 ... 48 G. Development Agreement. 49 1. General. 50 a. Purpose and Intent.The purpose of Development Agreements is to encourage a strong 51 commitment to comprehensive and capital facilities planning,ensure the provision of 52 adequate public facilities for development concurrent with the impacts of development, 53 encourage the efficient use of resources, and reduce the economic cost of development. 54 The purpose of this section is to establish procedures and standards for the City 55 Commission to consider and enter into Development Agreements in accordance with 56 Florida State Statutes. 57 b. Authority and Applicability.The city is authorized to review and enter into a Development 58 Agreement with any person having legal or equitable interest in real property in the city in 59 accordance with the procedures and standards in this section. 60 c. Parcel Criteria. Only developments which are a minimum of fifteen (15)gross acres are 61 eligible to enter into Development Agreements with the city pursuant to this section. 62 d. Conflict. In the event of any conflict between the provisions of this Section and any other 63 sections of the Land Development Regulations or City Codes of Ordinance,the provisions of 64 this section shall prevail.These provisions shall not be construed to supersede any federal, 65 state,or county laws. 66 2.Submittal Requirements. Development Agreements shall include and meet the requirements of 67 at least the following: 2 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2)(Development Agreements)-Ordinance.Docx 68 a. Proposed Development Agreements must meet and be consistent with all requirements set 69 forth in the Florida Local Government Development Act,sections 163.3220-163.3243, 70 Florida Statutes; 71 b. A Master Plan or Major Master Plan Modification must be submitted and approved 72 concurrently with a Development Agreement; 73 c. A phasing plan indicating the proposed phases, if the development is subject to phasing; 74 d. A conceptual site plan for any single-phase development proposals; 75 e. Schematic Design plans including, at a minimum, building location, architectural style,and 76 building height;and 77 f. A statement of milestone dates including necessary development approvals, permitting and 78 construction. 79 3.Alternative Standards. The City may elect to enact the below alternative standards for 80 developments which are subject to a Development Agreement: 81 a. Developments must participate in the City's Public Art Program; however,the Public Art 82 Fee for the Development may be established within the proposed Development Agreement 83 in an amount different than the amount required by of the City Code. Public Art Fee 84 amounts established pursuant to this section must meet the purpose and intent of the 85 City's Public Art Program. 86 b. The City of Boynton Beach may reserve utility system capacity for water and wastewater 87 service for a period not to exceed six(6)years from the date of the agreement or approved 88 permit application at no cost to the Developer at the discretion and approval of the Utilities 89 Director or designee,for the purpose of allowing the Developer to meet anticipated 90 concurrency requirements. 91 c. Expiration of a Master Plan or Major Master Plan Modification.A Master Plan or Major 92 Master Plan Modification approved with a Development Agreement shall remain valid for 93 twenty-four(24) months; however, upon approval of a site plan by the City Commission, a 94 master plan shall remain valid until the corresponding site plan expires. 95 d. Expiration of a Site Plan or Major Site Plan Modification. Upon approval of a site plan by 96 the City Commission,the applicant shall have up to seventy-two months (72) months to 97 secure a building permit for vertical construction. 98 4. Review Criteria.An application for a Development Agreement shall be approved and executed 99 only if the City Commission finds that the development proposed in the Development Agreement: 100 a. Includes all the information and provisions required by this Section 101 b. Meets all Submittal Requirements; 102 c. Is consistent with the City's Comprehensive Plan and any amendments to the 103 Comprehensive Plan that would impact the development have been found in compliance if 104 required by state law and are beyond all appeal periods; 105 d. Is consistent with this City Code;and 106 e. Furthers the public health,safety,and welfare of the city. 107 5. Approval Process.A Development Agreement requires review and approval by the City 108 Commission, by ordinance,and shall be processed in accordance with section 163.3225, Florida 109 Statutes. 3 S:1CA1Ordinances\LDR Changes\LDR Amendment (Ch 2)(Development Agreements)-Ordinance.Docx 110 6. Periodic Review of Development Agreement.The City shall review land subject to the 111 Development Agreement at least once every 12 months to determine if there has been a 112 demonstration of good faith compliance with the terms of the Development Agreement. Each 113 annual review conducted after the sixth year of a Development Agreement shall include a written 114 report completed by the developer,which shall be submitted to the parties to the Development 115 Agreement. 116 117 Section 3. Each and every other provision of the Land Development Regulations 118 not herein specifically amended, shall remain in full force and effect as originally adopted. 119 Section 4. All laws and ordinances applying to the City of Boynton Beach in 120 conflict with any provisions of this ordinance are hereby repealed. 121 Section 5. Should any section or provision of this Ordinance or any portion 122 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 123 affect the remainder of this Ordinance. 124 Section 6. Authority is hereby given to codify this Ordinance. 125 Section 7. This Ordinance shall become effective immediately. 126 FIRST READING this 7th day of February, 2023. 127 SECOND, FINAL READING AND PASSAGE this 21st day of February, 2023. 128 CITY OF BOYNTON BEACH, FLORIDA 129 130 YES NO 131 / 132 Mayor-Ty Penserga 133 134 Vice Mayor-Angela Cruz 135 136 Commissioner-Woodrow L. Hay 137 ✓ 138 Commissioner-Thomas Turkin 139 / 140 Commissioner-Aimee Kelley 141 S-0 142 VOTE 143 144 145 4 S:1CA1Ordinances\LDR Changes\LDR Amendment (Ch 2)(Development Agreements)-Ordinance.Docx 146 ATT 147 /148 .t 1 00 ;' / / ip 149 Mayle.. De -sus, MPA, 1, MC Ty Pen .�:�gilliii. 150 City Clerk May./ 151 152 APPROVED AS O F . 153 (Corporate Seal) oy NTO/� ``‘ -7%� 155 ;�,.,. ORA •.t;y,'tl 6 /4 i S�'y �� 156 d ~: SE' Michael D. Cirullo,Jr. s '�; TED: • 1 157 + .1NCORPORA City Attorney 158192u:: - Fu- 5 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2)(Development Agreements)-Ordinance.Docx PART III LAND DEVELOPMENT REGULATIONS CHAPTER 2. LAND DEVELOPMENT PROCESS ARTICLE II. PLANNING AND ZONING DIVISION SERVICES Sec. 2. Standard Applications. G. Development Agreement. 1. General. a. Purpose and Intent.The purpose of Development Agreements is to encourage a strong commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development concurrent with the impacts of development, encourage the efficient use of resources,and reduce the economic cost of development.The purpose of this section is to establish procedures and standards for the City Commission to consider and enter into Development Agreements in accordance with Florida State Statutes. b. Authority and Applicability.The city is authorized to review and enter into a Development Agreement with any person having legal or equitable interest in real property in the city in accordance with the procedures and standards in this section. c. Parcel Criteria. Only developments which are a minimum of fifteen (15)gross acres are eligible to enter into Development Agreements with the city pursuant to this section. d. Conflict. In the event of any conflict between the provisions of this Section and any other sections of the Land Development Regulations or City Codes of Ordinance,the provisions of this section shall prevail.These provisions shall not be construed to supersede any federal,state, or county laws. 2. Submittal Requirements. Development Agreements shall include and meet the requirements of at least the following: a. Proposed Development Agreements must meet and be consistent with all requirements set forth in the Florida Local Government Development Act, sections 163.3220-163.3243, Florida Statutes; b. A Master Plan or Major Master Plan Modification must be submitted and approved concurrently with a Development Agreement; c. A phasing plan indicating the proposed phases, if the development is subject to phasing; d. A conceptual site plan for any single-phase development proposals; e. Schematic Design plans including, at a minimum, building location, architectural style, and building height; and f. A statement of milestone dates including necessary development approvals, permitting and construction. 3.Alternative Standards. The City may elect to enact the below alternative standards for developments which are subject to a Development Agreement: a. Developments must participate in the City's Public Art Program; however,the Public Art Fee for the Development may be established within the proposed Development Agreement in an amount different than the amount required by of the City Code. Public Art Fee amounts established pursuant to this section must meet the purpose and intent of the City's Public Art Program. b. The City of Boynton Beach may reserve utility system capacity for water and wastewater service for a period not to exceed six(6) years from the date of the agreement or approved permit application at no cost to the Developer at the discretion and approval of the Utilities Director or designee,for the purpose of allowing the Developer to meet anticipated concurrency requirements. c. Expiration of a Master Plan or Major Master Plan Modification. A Master Plan or Major Master Plan Modification approved with a Development Agreement shall remain valid for 36 months; however, upon approval of a site plan by the City Commission, a master plan shall remain valid until the corresponding site plan expires. 01876561.1 d. Expiration of a Site Plan or Major Site Plan Modification. Upon approval of a site plan by the City Commission, the applicant shall have forty-eight months(48) months to secure a building permit for vertical construction. 4. Review Criteria. An application for a Development Agreement shall be approved and executed only if the City Commission finds that the development proposed in the Development Agreement: a. Includes all the information and provisions required by this Section b. Meets all Submittal Requirements; c. Is consistent with the City's Comprehensive Plan and any amendments to the Comprehensive Plan that would impact the development have been found in compliance if required by state law and are beyond all appeal periods; d. Is consistent with this City Code; and e. Furthers the public health,safety, and welfare of the city. 5. Approval Process. A Development Agreement requires review and approval by the City Commission, by ordinance, and shall be processed in accordance with section 163.3225, Florida Statutes. 6. Periodic Review of Development Agreement.The City shall review land subject to the Development Agreement at least once every 12 months to determine if there has been a demonstration of good faith compliance with the terms of the Development Agreement. Each annual review conducted after the sixth year of a Development Agreement shall include a written report completed by the developer,which shall be submitted to the parties to the Development Agreement. 01876561-1