O97-22Revised Second Reading 6/17/97
ORDINANCE NO. 097-,~¢,:~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 1.5 "PLANNING AND
DEVELOPMENT GENERALLY," OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
BOYNTON BEACH, BY CREATING SECTION 4.3
"AUTHORITY GRANTED BY THE CITY
COMMISSION", PROVIDING AUTHORITY AND
FINAL AUTHORITY TO THE PLANNING AND
DEVELOPMENT BOARD TO HEAR AND DECIDE
APPLICATIONS AND REQUESTS; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach has
determined that the Planning and Development Board can provide preliminary
approval and final approval with respect to varying types of applications and
requests submitted to the City's Planning & Zoning Department; and
WHEREAS, the City Commission desires to grant to the Planning and
Development Board the power to grant preliminary approval of certain types of
applications and requests and final approval of others; and
WHEREAS, pursuant to the Code of Ordinances, the City Commission
has the ability to review appeals of Planning and Development Board decisions;
and
WHEREAS, the City Commission of the City of Boynton Beach deems it to
be in the best interests of efficiency and the general welfare of the citizens of
Boynton Beach to provide additional powers and authority to the Planning and
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Development Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That Part III, Chapter 1.5 "Planning and Development
Generally," is hereby amended by creating Section 4.3, by adding the words and
figures in underlined type and by deleting the words and figures in struck-
through type, as follows:
Sec. 4.3. Authority Granted by the City Commission.
A. The followin,q applications/types of requests t-hat---are
preliminarily be appreved reviewed by bcth the PlanninR and
Development Board and-the prior to approval by the City Commission:
1. Annexation
2. Code review
3. Comprehensive plan text amendment
4. Consistency review
5. Development of reqional impact amendment
6. He Rht exception
7. Land use plan amendment/rezon n,q
8. Rezonin,q
9. Telecommunication towers (waiver or reduction of separation
requirements and/or special exception re,qard n,q application
rejection.
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B. The following applications/types of requests that are
processed and reviewed by the Planning and Zoning Department shall be
approved by the planning and development board:
1. Abandonment
2. Administrative appeal
3. Community Design Plan appeal
4. Concurrency appeal
5. Concurrency time extension
6. Landscape appeal
7. Master plan modification
8. Master plan time extension.
9. Maior site plan modification
10. New site plan
11. Parking lot variance
12. Si,qn code variance
13. Site Plan time extension
14. Subdivision - master plan
15. Use approval
16. Zoning code appeal
17. Zoning code variance
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C. No action of the Planninq and Development Board shall
considered a final action of the City until ratified by the City Commission.
procedure for ratification shall be as follows:
be
The
(1) All matters which have been reviewed and acted on by th~-
Planninq and Development Board shall be reduced to writing as a proposer~
Development Order. The form of the proposed Development Order shall be
approved by the City Attorney.
(2) All proposed Development Orders shall be submitted to the City
Commission on the consent a.qenda at the next reqular City Commission
meetinq followin.q action by the Planninq and Development Board
(3) Prior to approval of the Commission consent a.qenda, a member
of the Commission may request the removal of any proposed Development
Order from the consent a.qenda for further discussion, consideration, or publin
hearin¢~ prior to ratification.
(4) The City Commission may table a proposed Development Order
which has been removed from the consent a.qenda to a future meetinq date tn
insure that proper notice and opportunity to be heard is provided to the
applicant, the public~ and any other interested parties.
(5) Followinq ratification of a proposed Development Order by the
City Commission, the City Clerk shall date and siqn the Development Order
and issue it as a final order.
Section 2. All ordinances or pads of ordinances in conflict herewith be
and the same are hereby repealed.
Section 3. Should any section or provision of this ordinance or portion
hereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the remainder of this
ordinance.
Section 4. Authority is hereby granted to codify said ordinance.
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Section 5. This ordinance shall become effective immediately upon
passage.
FIRST READING this ..~ day of June, 1997.
SECOND, FINAL READING AND PASSAGE this
-~,/~g" ,1997.
day of
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
lerk
Vice Mayor
C'o"(nmissioner'
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