A. Annexation.
1. General.
a. Voluntary Annexations. A privately-initiated application for the voluntary annexation of real property into the corporate limits of the city shall be made by petition of all owners of said real property and filed in accordance with the provisions of F.S. Chapter 171.
b. Other Annexation Methods. These city-initiated methods include annexation by referendum, annexation of enclaves through interlocal agreements, and annexation through interlocal service boundary agreements, processed in accordance with F.S. Chapter 171.
c. Future Land Use Map (FLUM) and Zoning of Property to be Annexed. Application for the city FLUM classification and zoning district must accompany all privately-initiated applications for annexation. FLUM reclassification and rezoning for developed properties to be annexed through any of the city-initiated methods listed in subparagraph b. above, may be delayed if no application for building or site improvements is submitted prior to the adoption of the annexation ordinance; however, such reclassification and rezoning must be initiated within six (6) months of the annexation.
2. Submittal Requirements. See Section 1.D. above for the submittal requirements of this application.
3. Review Criteria.
a. Compliance with Statutory Requirements. Areas proposed for annexation must comply with the requirements in F.S. Chapter 171.
b. Consistency with Comprehensive Plan. An application for annexation shall be consistent with the Comprehensive Plan.
4. Approval Process. An application for annexation requires two (2) advertised public hearings and shall be processed in accordance with Chapter 2, Article I, Section 3 and comply with F.S. Chapter 171.
B. Comprehensive Plan Amendments.
1. General.
a. Purpose and Intent. The purpose of this subsection is to provide a means for amending the city's Comprehensive Plan in accordance with F.S. Chapter 163.
b. Authority. The City Commission has the authority to amend the Comprehensive Plan upon compliance with the provisions of F.S. Chapter 163 and of this subsection. The City Commission has designated itself as the Local Planning Agency (LPA) for the city.
c. Types of Amendments. Amendments to the Comprehensive Plan include text amendments and site-specific amendments to the future land use map (FLUM).
2. Text Amendment. A text amendment to the Comprehensive Plan shall only be initiated by the city.
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 fifty (50) 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 the applicable factors listed under Section 2.D.3. below.
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.
C. Conditional Use, Including Time Extension.
1. General.
a. Purpose and Intent. The purpose and intent of this subsection is to set forth uniformed procedures, well-defined application processes, and information to guide the review of conditional use submittals. In addition to that described in this section, it is also the intent to provide for separate submittal requirements and expedited review process for those conditional uses that qualify as a sustainable development and meets the intent of the city's green building initiatives.
b. Applicability. The procedures, requirements, and standards of this section shall apply to any use that is identified with a "C" in the use matrix (Table 3-28) of Chapter 3, Article IV, Section 3.D.
c. Terms and Definitions. As defined by Chapter 1, Article II, a use that because of special requirements or characteristics may be allowed in a particular zoning district, but only with conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity.
d. Rules. For the purpose of this subsection, a "site plan" shall be construed to include either a new site plan or a major site plan modification.
e. Use Matrix. Conditional uses are identified with a "C" in the use matrix (Table 3-28). See Chapter 3, Article IV, Section 3.C. for the legend of the use matrix.
2. Submittal Requirements. The submittal requirements and process for this type of application will vary depending on whether the request is for use approval only or use approval in connection with improvements requiring site plan review (e.g. construction of new building, modifications to existing building or site, etc.). See subsection 1.D. above for the submittal requirements of this application.
3. Review Criteria. See Chapter 3, Article IV, Section 4 for the review standards applicable to the evaluation of conditional uses, which will vary depending on whether the request is for use approval only or use approval in connection with improvements requiring site plan review (e.g. construction of new building, modifications to existing building or site, etc.). In instances when site plan review is required, the review criteria of Section 2.F.3. below shall also apply.
4. Approval Process. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of the zoning regulations of Chapter 3. An application for conditional use approval requires review by the City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3. The Commission, upon recommendation of the Board, may grant conditional uses absolutely or conditioned upon the faithful adherence to the review criteria contained in Section 2.C.3. above. The Commission may also deny requests for conditional uses when not in harmony with the intent and purpose of this section.
5. Expiration. The applicant shall secure a business tax receipt within the time frame established by the City Commission. The conditional use shall expire if the applicant is unable to secure a business tax receipt within that timeframe; however, if the conditional use was approved in connection with a site plan, then the expiration of the conditional use shall be the same as the expiration of the corresponding site plan in accordance with Section 2.F.5. below.
6. Time Extension. At its discretion, the City Commission may extend the approval of a conditional use that is in connection with site plan approval, if such request for extension is filed prior to the date of expiration of the original approval period. In this instance, the request for extension shall be processed in accordance with Section 2.F.6. below.
D. Rezoning, Including Master Plan.
1. General.
a. Purpose and Intent. The purpose of this subsection is to provide a means for 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, but only to make necessary adjustments in response to or based upon changed conditions.
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 (b) for “Consistency” approval of an amendment to the official zoning map processed with or without the FLUM amendment shall be reviewed based on 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.
b. Consistency. Whether the proposed amendments to the FLU and zoning maps would be consistent with, and promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, or any other current city-approved planning documents.
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.
e. Location Efficiency. Whether the proposed amendments to the FLU and zoning maps would support complementary land uses; the integration of a mix of land uses consistent with smart growth or sustainability initiatives; access to a wide range of mobility options; or interconnectivity within the project and between adjacent properties.
f. 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.
g. Economic Development Impact.
(1) Whether the proposed rezoning/FLUM amendments would not:
A. Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and
B. Represent a potential decrease in the number of uses with high probable economic development benefits.
(2) Whether the proposed rezoning/FLUM amendments would:
A. Create new employment opportunities;
B. Contribute to the enhancement and diversification of the city's tax base;
C. Respond to the current or anticipated market demand or community needs; or
D. Alleviate economic obsolescence of the subject area.
h. 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 two (2) of the Direct Economic Development Benefits listed in subparagraph "g" above.
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.
(2) 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.
f. Modification to Master Plan. Changes to master plans are either "minor" or "major" based on criteria within this section. A pre-application conference with staff is a prerequisite to filing an application for modification. The site plan must be consistent with the master plan; therefore, any request to modify a master plan may require the submittal of a concurrent request for site plan modification in accordance with Section 2.F.7. below. Staff shall consider the following factors in determining whether the proposed master plan modification is considered "major":
(1) The modification increases or decreases the buildable square footage (intensity) or number of dwelling units (density) by more than five percent (5%);
(2) The modification eliminates a point of ingress and egress;
(3) The modification reduces the cumulative area of each of the required or provided open spaces, green spaces, and pedestrian plazas by more than five percent (5%), changes the location of such spaces, or does not otherwise meet the intent of these regulations;
(4) The modification alters the project so that the modified master plan does not resemble the approved master plan;
(5) The modification affects or does not comply with a condition of approval of the preceding development order; and
(6) The modification is proposed to a city-owned or operated facility and does not adversely impact adjacent properties and/or public lands.
g. Major Master Plan Modification.
(1) Submittal Requirements. See Section 1.D. above for the submittal requirements of this application.
(2) Review Criteria. The proposed master plan shall comply with the requirements of the respective zoning district of Chapter 3, Article III, and the site development standards described in Chapter 4.
(3) Approval Process. An application for major master plan modification requires review by the City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3.
(4) 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.
(5) Miscellaneous. At the time the City Commission approves a request for a major master plan modification, any previously approved master plan, including any conditions of approval, shall be null and void. All future development shall be consistent with the master plan, as modified and approved by the City Commission, including all corresponding conditions of approval.
h. Minor Master Plan Modification.
(1) Submittal Requirements. The applicant shall submit a letter explaining the modification(s) along with the master plan (in the number of copies specified by the Division). The applicant shall also provide consent from the property owner to file an application for the minor master plan modification.
(2) Review Criteria. The proposed master plan shall comply with the following: 1) all applicable conditions of approval of the preceding master plan; 2) requirements of the respective zoning district of Chapter 3, Article III; and 3) the site development standards described in Chapter 4.
(3) Approval Process. The application shall be reviewed by staff and action will be taken by the appropriate administrative official. Upon approval of a minor master plan modification, all future development shall be consistent with the master plan, as modified, including all previously approved conditions of approval associated with the master plan.
E. Sign Program.
1. General.
a. Purpose and Intent. The purpose and intent of this subsection is to create a comprehensive and efficient process by which to review project signage within certain types of developments.
b. Applicability. Pursuant to Chapter 4, Article IV, Section 6, a sign program shall be required for all permanent types of signs proposed within non-residential and mixed use developments containing multiple tenants. For the purposes of this subsection, a "site plan" shall be construed to include either a new site plan or a major site plan modification.
2. Submittal Requirements. See Section 1.D. above for the submittal requirements of this application.
3. Review Criteria. The sign program shall comply with the sustainable and green checklist, and the requirements of the site development standards described in Chapter 4.
4. Approval Process. The sign program shall be approved in accordance with site plan review (Section 2.F. below) or its equivalent.
F. Site Plan, Including Time Extension and Modifications.
1. General.
a. Purpose and Intent. The purpose of this subsection is to set forth uniform procedures, well-defined application processes, and information to guide the review of site plan submittals. The applicant shall schedule a pre-application conference with staff and bring the proposed site plan.
b. Applicability. New site plans are eighter “minor” or “major” based on criteria within this section. The following applications shall be considered “major”:
(1) Site plans containing more than ten (10) new multi-family dwelling units;
(2) Site plans for new non-residential structures over 15,000 square feet;
(3) Site plans requiring an application for Conditional Use;
(4) Site plans requiring a relief application; and
(5) Site plans for city-owned or operated facilities that causes a significant impact to abutting and adjacent properties, as determined by the Planning and Zoning Administrator.
c. Exemptions. The following work shall not be required to undergo site plan review as required by this chapter:
(1) The construction of a single-family home or a duplex;
(2) Internal modifications to a structure including plumbing, electrical, and mechanical with no effect to the exterior of the structure;
(3) Any modification of an existing structure that does not increase the total size of the structure and does not change the building footprint;
(4) Addition of awnings, canopies, or ornamental structures;
(5) Pools, including redesign and relocation;
(6) Other minor structural additions or alterations, including stairs, porches, terraces, fencing, etc.;
(7) Garages and accessory structures in residential districts;
(8) New structures and additions to existing structures of fewer than 1,000 gross square feet in non-residential zoning districts;
(9) Any modification of, or addition to an existing site necessary to implement a Corrective Action Plan and/or the city’s Chronic Nuisance Property Code (see Part II, Code of Ordinances, Chapter 15).
2. Major Site Plan.
a. Submittal Requirements. See Section 1.D. above for the submittal requirements of this application.
b. Review Criteria. The site plan shall comply with the following: 1) requirements of the respective zoning district regulations of Chapter 3, Article III and 2) Site Development Standards described in Chapter 4, Article XII. See Section 2.D.6.c. above for additional regulations regarding the requirement that the site plan be consistent with the master plan when rezoning lands to a planned zoning district.
c. Approval Process. An application for site plan approval requires review by the City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3.
d. Expiration.
(1) General. Upon approval of a site plan by the City Commission, the applicant shall have eighteen (18) months to secure a building permit from the Development Department.
(2) Null and Void. All previous approvals shall be null and void if the applicant is unable to secure a building permit within the above timeframes. For the purposes of this section, minor permits issued by the Departments of Development or Public Works (e.g. clearing and grubbing; walls and fences; docks, land development; utilities; etc.) shall not constitute the type of permit necessary to extend the life of a development order for site plan review purposes.
e. Time Extension.
(1) General. An applicant may request to extend the approval of a site plan for an additional time period, not to exceed eighteen (18) months, provided that such request for extension is filed prior to the date of the expiration of the original eighteen (18)-month period. For the purposes of the subsection, a "site plan" shall be construed to include either a new site plan or a major site plan modification. There is no limit to the number of extensions that may be requested.
(2) Submittal Requirements. See Section 1.D. above for the submittal requirements of this application.
(3) Review Criteria. The site plan time extension shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and site development standards described in Chapter 4. In addition, the following information shall be used to justify an application for site plan time extension:
A. Are there any recently adopted amendments to the Comprehensive Plan, redevelopment plans, or Land Development Regulations that would cause the approved site plan in its current configuration to become noncompliant?
B. In determining good faith, some factors to be considered are the following: 1) the extent to which a land development permit (if applicable) has been applied for by the applicant and/or approved by the Engineering Division; 2) when construction approved by such land development permit has occurred (construction which is commenced immediately 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 control of the applicant, it was not possible to meet the time limitation; and 4) the applicant has applied for or secured any building permits, or other types of permits from external agencies, including anticipated dates for the issuance of the aforementioned permits?
C. Has the applicant paid any impact fees, including utilities or art in public places?
D. Does the site plan comply with the concurrency requirements and of Palm Beach County and the city's Land Development Regulations?
E. Other pertinent information can the applicant provide that would justify the request for site plan time extension?
(4) Approval Process. An application for site plan time extension requires review by the City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3.
(5) Expiration. Upon approval of site plan time extension by the City Commission, the applicant shall have the time approved by the City Commission to secure a building permit from the Development Department. All previous approvals shall become null and void if the applicant is unable to secure a building permit within the above timeframe.
(6) Extension. The applicant may file a subsequent request for site plan time extension beyond that of the original extension; however, each subsequent request for site plan time extension shall be valid for a time period not to exceed one (1) year. Each subsequent request for site plan time extension shall be filed prior to the expiration date of the preceding site plan time extension period.
(7) Miscellaneous. The original conditions of approval of the site plan are still applicable and must be addressed, unless otherwise approved by the City Commission. In granting such extensions the City Commission may require modification to or impose additional conditions of approval to the site plan.
3. Minor Site Plan.
a. Submittal Requirements. See Section 1.D. above for the submittal requirements of this application.
b. Review Criteria. The site plan shall comply with the following: 1) requirements of the respective zoning district regulations of Chapter 3, Article III and 2) Site Development Standards described in Chapter 4, Article XII. See Section 2.D.6.c. for additional regulations regarding the requirement that the site plan be consistent with the master plan when rezoning lands to a planned zoning district.
c. Approval Process. The application shall be reviewed by staff and action will be taken by the appropriate administrative official.
d. Expiration.
(1) General. Applicant shall have eighteen (18) months to secure a building permit from the Development Department.
(2) Null and Void. All previous approvals shall be null and void if the applicant is unable to secure a building permit within the above timeframes. For the purpose of this section, minor permits issued by the Departments of Development or Public Works (for example, clearing and grubbing; walls and fences; docks, land development; utilities; and the like) shall not constitute the type of permit necessary to extend the life of a development order site plan review purposes.
e. Time Extension.
(1) General. An applicant may request to extend the approval of a site plan for an additional time period, not to exceed eighteen (18) months, provided that such request for extension is filed prior to the date of the expiration of the original eighteen (18) month period. For the purposes of the subsection, a “site plan” shall be construed to mean a minor site plan. There is no limit to the number of extensions that may be requested.
(2) Submittal Requirements. See Section 1.D. above for the submittal requirements of this application.
(3) Review Criteria. The site plan time extension shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III, and site development standards described in Chapter 4. In addition, the following information shall be used to justify an application for site plan time extension:
A. Are there any recently adopted amendments to the Comprehensive Plan, redevelopment plans, or Land Development Regulations that would cause the approved site plan in its current configuration to become noncompliant?
B. In determining good faith, some factors to be considered are the following: 1) the extent to which a land development permit (if applicable) has been applied for by the applicant and/or approved by the Engineering Division; 2) when construction approved by such land development permit has occurred (construction which is commenced immediately 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 control of the applicant, it was not possible to meet the time limitation; and 4) the applicant has applied for or secured any building permits, or other types of permits from external agencies, including anticipated dates for the issuance of the aforementioned permits?
C. Has the applicant paid any impact fees, including utilities or art in public places?
D. Does the site plan comply with the concurrency requirements and of Palm Beach County and the city’s Land Development Regulations?
E. Other pertinent information can the applicant provide that would justify the request for site plan time extension?
4. Approval Process. An application for site plan time extension requires review by the Planning and Zoning Administrator.
5. Expiration. Upon approval of site plan time extension the applicant shall have the time approved by the Planning and Zoning Administrator to secure a building permit from the Development Department. All previous approvals shall become null and void if the applicant is unable to secure a building permit within the above timeframe.
6. Extension. The applicant may file a subsequent request for site plan time extension beyond that of the original extension; however, each subsequent request for site plan time extension shall be valid for a time period not to exceed one (1) year. Each subsequent request for site plan time extension shall be filed prior to the expiration date of the preceding site plan time extension period.
7. Miscellaneous. The original conditions of approval of the site plan are still applicable and must be addressed, unless otherwise approved by the Planning and Zoning Administrator. In granting such extensions, staff may require modifications to or impose additional conditions of approval to the site plan.
4. Modification to Site Plan.
a. General. An applicant may request to modify an approved site plan. Changes to site plans are either "minor" or "major" based on criteria within this section. The applicant shall schedule a pre-application conference with staff to facilitate a preliminary review of the Site Plan. Site Plan modifications shall be considered “major” if any of the following apply:
(1) The modification increases the buildable square footage of the development by more than 15,000 square feet or twenty percent (20%), whichever is greater; the threshold increases to twenty-five percent (25%) if the project is certified by a third-party green certification process.
(2) The modification causes the development to be below the development standard for the zoning district in which it is located or any other applicable standard in the Land Development Regulations.
(3) The modification has an adverse effect on adjacent or nearby property or reduces required physical buffers, such as fences, trees, or hedges.
(4) The modification adversely affects the elevation design of the structure or reduces the overall design of the structure below the standards stated in the community design plan.
(5) The modified development does not meet the concurrency requirements of the Boynton Beach Comprehensive Plan.
(6) The modification alters the project so that the modified site plan does not reasonably resemble the approved site plan.
(7) The modification affects or does not comply with a condition of approval of the development order.
(8) The modification to a city-owned or operated facility causes a significant impact to abutting and adjacent properties.
b. Major Modification.
(1) Submittal Requirements. See Section 1.D. above for the submittal requirements of this application.
(2) Review Criteria. The proposed major site plan modification shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and site development standards described in Chapter 4.
(3) Approval Process. An application for major site plan modification requires review by the City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3.
(4) Expiration. Upon approval of a major site plan modification by the City Commission, the applicant shall have eighteen (18) months to secure a building permit from the Development Department. All previous approvals shall be null and void if applicant is unable to secure a building permit within the above timeframe.
For the purposes of this section, minor permits issued by the Departments of Development or Public Works (e.g. clearing and grubbing; walls and fences; docks, land development; utilities; etc.) shall not constitute the type of permit necessary to extend the life of a development order for a major site plan modification.
(5) Extension. An applicant may request to extend the approval of a major site plan modification for a time period not to exceed eighteen (18) months, provided that such request for extension is filed prior to the date of the expiration of the original eighteen (18)-month period. The request shall be processed in accordance with Section 2.F.6. above.
(6) Miscellaneous. At the time the City Commission approves a request for a major site plan modification, any previously approved site plan, including any conditions for approval, shall be null and void. All future development shall be consistent with the master site plan, as modified and approved by the City Commission, including all corresponding conditions of approval.
c. Minor Modification.
(1) Submittal Requirements. The applicant shall submit a letter explaining the modification(s) along with the affected plans and exhibits (in the number of copies specified by the Division). The applicant shall also provide consent from the property owner to file an application for the minor site plan modification.
(2) Review Criteria. The proposed minor site plan modification shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and site development standards described in Chapter 4.
(3) Approval Process. The application shall be reviewed by staff and action will be taken by the appropriate administrative official. Upon approval of a minor site plan modification, all future development shall be consistent with the site plan, as modified, including all previously approved conditions of approval associated with the site plan.
5. Miscellaneous.
a. Site plan review shall be required in conjunction with a master plan when rezoning lands to a planned zoning district as provided in Section 2.D.1.e. See Section 2.D.6. above for additional regulations pertaining to the rezoning process. In such instances, the site plan shall be consistent with the master plan.
b. Staff may recommend as a condition of approval of a site plan for a development with multiple and/or components, that a Unity of Title among the parcels and/or components be required. However, in cases where Unit of Title is a condition of site plan approval, this condition may be released under the following conditions:
(1) If the property is not owned by a single owner/entity the project as a whole, including its various components, is administered by a property owner's association with fee reserves for property maintenance of at least six (6) months. For the purposes of this section, the term "reserves" means:
(a) Unless and to the extent that these fees are not provided by other associations, an account shall be maintained by the property owner's association (POA), separate and apart from the POA's general operating account, for capital expenditures and deferred maintenance. The reserve account shall include, but is not limited to the amount necessary for routine maintenance of the common areas, and shall include but is not limited to building/structure painting, landscaping maintenance, storm water infrastructure maintenance, and pavement resurfacing, regardless of the amount of deferred maintenance expense or replacement cost.
(b) The amount to be reserved shall be computed by means of a formula which is based upon estimated remaining useful life and estimated replacement cost or deferred maintenance expense of each reserve item. The POA shall adjust replacement reserve assessments annually to take into account any changes in estimates or extension of the useful life of a reserve item caused by deferred maintenance. Reserve funds and any interest accruing thereon shall remain in the reserve account or accounts, and shall be used only for authorized reserve expenditures.
(c) The POA shall provide the city with a copy of the annual POA finance report for a period of one (1) year from the date of issue of the last certificate of occupancy (C.O.) for any structure/building on the project.
(2) The owners of the various components have executed perpetual cross access and shared parking agreements to the extent required by the approved site plan.
(3) A sign program approved by the city is in place that regulates all project signage in conformance with the city Land Development Regulations and is applicable to all components of the project.
(4) The owners have agreed to the continued calculation of overall project density based on the entire project despite the creation of individual parcels with multiple owners.
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, F.S. §§163.3220-163.3243;
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 twenty-four (24) months; however, upon approval of a site plan by the City Commission, a master plan shall remain valid until the corresponding site plan expires.
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 seventy-two (72) 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 F.S. §163.3225.
6. Periodic Review of Development Agreement. The city shall review land subject to the development agreement at least once every twelve (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 (6th) 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.
H. Vacation and Abandonment.
1. General. The purpose of this subsection is to establish uniform procedures for the vacation and abandonment of city rights-of-way (e.g. street, alley, etc.), special purpose easements, and other non-fee interests of the city. When approved for vacation and abandonment, the city relinquishes its interest in the above, based in part, on the finding that the subject right-of-way no longer serves a public purpose. For the purposes of this subsection, a "site plan" shall be construed to include either a new site plan or a major site plan modification.
2. Submittal Requirements. See Section 1.D. above for the submittal requirements of this application.
3. Review Criteria. The vacation and abandonment of a right-of-way, special purpose easement, or other non-fee interest of the city shall be based on a demonstration that the above interest no longer serves a public purpose and there is no encumbrance which would prohibit the clear transfer of ownership of such land. The following review criteria shall be used to justify an application:
a. Access. Does the subject land provide a legal means of access to a lot of record, subdivision, or development? Would the vacation and abandonment cause or result in a permanent stoppage, interruption, or an unacceptable level of service for the subject lot or on neighboring lots, subdivisions, or developments with respect to police, fire, or other emergency services; or solid waste removal?
b. Utilities. Does the subject land contain, support, or allow potable water, sanitary sewer, or any other utility (e.g. cable, telephone, electricity, gas, etc.), which would be permanently stopped or interrupted, or cause an unacceptable level of service to the subject lot or neighboring lots, subdivisions, or developments?
c. Drainage and Wastewater Management. Does the subject land contain, support, or allow a legal means of drainage or wastewater management for such lot or on neighboring lots, subdivisions, or developments, which would cause or result in a stoppage, interruption, or unacceptable level of service?
d. Conservation. Does the subject land contain, support, or allow the means for the conservation or preservation of flora or fauna?
4. Approval Process. An application for vacation and abandonment approval requires review by the City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3. All applications shall be approved either by ordinance or record plat. The Planning and Zoning Division may reject the application if a similar application has been considered at any time within one (1) year of the date the later application is submitted.
5. Allocation of Lands. The vacation and abandonment of city streets, alleys, utility easements, special purpose easements, canals, water bodies and other non-fee interests of the city can be accomplished in several ways. The city's authority to accomplish this is derived from the Home Rule Powers Act (F.S. § 166.011) as adopted by the state legislature via Chapter 73-129, as amended from time to time. Therefore, the city ordinance(s) control this issue.
There are several ways that vacation and abandonments can de delineated. The area to be vacated or abandoned can be divided equally with the adjacent property owners, or divided unequally with the adjacent property owners. Curvilinear areas usually are divided equally amongst the property owners via the adjacent property line extensions. Irregular-shape water bodies are usually divided from property line extensions that are at right angles to the determined centerline of the water body. This is normally performed by a registered land survey (licensed with the state) to determine the centerline of an irregular shaped water body and provide a "Map of Survey" of the determined centerline. This is also known as a "Specific or Special Purpose Survey." The definition of a "Map of Survey" is a graphical or digital depiction of the facts of size, shape, identity, geodetic location, or legal location determined by a survey. The term "Map of Survey" (Survey Map) includes the terms: Sketch of Survey, Plat of Survey, or other similar titles. "Map of Survey" or "Survey Map" may also be referred to as "a map" or "the map." The common types of vacations or abandonments are as follows:
a. Equal Split. Typically, the process of vacation or abandonment is divided equally to be "allocated" to each adjacent property owner. This is the most equable way of elimination of city ownership of a right-of-way, easement of special easement. Figure A below depicts this concept:
b. Unequal Split.
There are unusual circumstances that originally created a street right-of-way or a utility easement. Most notably, this is done by different deeds or adjoining record plats that create the noted right-of-way or easement. When vacating or abandoning a segment of land created by such unusual input, the reversion of the land should be divided along the common line that created the right-of-way or easement. Thus, the "allocation" to each adjacent property owner will be unequal, based on the instruments that created the original right-of-way or easement. Figure B below
depicts this mechanism:
c. One-way Allocation.
When right-of-ways or easements are adjacent to a quasi-judicial entity (i.e., an interstate highway or regional roadway) or a transportation corridor (i.e., FEC R/R), the vacation or abandonment process tends to allocate said action to the adjacent property owner on one (1) side of the vacation or abandonment task. This is normally due to no requirements to allocate any excess land to a quasi-judicial entity or a transportation corridor that has not previously been required. Figure C below depicts this action:
d. Equal Split on a Curvilinear Parcel.
Generally, the process of vacation or abandonment is divided equally to be "allocated" to each adjacent property owner. This is done by extension of those adjacent property lines extended to the longitudinal centerline of the curvilinear parcel. It should be noted that not all "allocated" parcels will be the same I size in that those properties located on the inside of curvilinear portion will be slightly larger and those properties located on the outside of the curvilinear portion. Figure D below depicts this action
e. Irregular Water Body or Land Parcel. When an irregular configuration or land mass is to be vacated or abandoned, difference divisional characteristics are used. As a rule, a dimensional meander or survey line may be used to create the longitudinal "centerline" of the parcel. This is usually performed by a registered land survey licensed with the state. This is plotted on a "Map of Survey" as defined previously, to reflect all existing property lines external to the land mass to be vacated or abandoned.
Where said property lines are connected to the external edge of the land mass (or shoreline in water body cases), a connection is made to the determined centerline of the land mass (or lake or stream) at right angles to the determined centerline. In general, this provides the best equitable division of the land mass (or water body) to the adjacent property owners. Refer to Figure E below for this delineation:
f. Other. There are other ways to assign vacated or abandoned land mass components, right-of-ways or easements, but those noted above are the most commonly used when allocating vacations or abandonments.
(Ord. 10-025, passed 12-7-10; Am. Ord. 12-010, passed 6-19-12; Am. Ord. 15-023, passed 10-6-15; Am. Ord. 19-031, passed - -; Am. Ord. 19-034, passed 10-1-19; Am. Ord. 22-009, passed 3-1-22; Am. Ord. 23-003, passed 2-21-23)