06-013
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ORDINANCE NO. 06- 0/3
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING LAND
DEVELOPMENT REGULATIONS, CHAPTER 1.5
"PLANNING AND DEVELOPMENT GENERALLY",
SECTION 4-3 AMENDING PROCEDURES FOR
COMMISSION REVIEW OF LAND DEVELOPMENT
MATTERS AND ELIMINATING THE PROCEDURE
WHICH PLACES THE REVIEW OF LAND
DEVELOPMENT APPROVALS BY ADVISORY
BOARDS ON THE CITY COMMISSION'S CONSENT
AGENDA; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
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WHEREAS, the City Commission, upon recommendation of the Planning and
Development Board and the Community Redevelopment Agency, does deem it appropriate
and in the best interests of the citizens and residents of the City of Boynton Beach, to amend
the Land Development Regulations of the City of Boynton Beach to amend procedures for
Commission review of Land Development matters and eliminating the procedure which
places the review of Land Development approvals by advisory boards on the City
Commission's Consent Agenda.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing whereas clause is true and correct and is now ratified and
28 confirmed by the City Commission.
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Section 2.
Chapter 1.5, "Planning and Development Generally", Section 4-3, of
30 the Land Development Regulations of the City of Boynton Beach Code of Ordinances is
31 hereby amended as follows:
32 Sec. 4-3. Authority Granted by the City Commission.
33 (C) No action of the Planning and Development Board or the Community Redevelopment
34 Agencv Board when the Community Development Agency is conducting review of a proiect
35 within the Redevelopment Area, shall be considered a final action of the City until ratified by
36 the City Commission. The procedure for ratification shall be as follows:
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1 I. All matters which have been reviewed and acted on by the Planning and
2 Development Board shall be reduced to writing as a proPQsed Development Order: The fQrm
3 of the proposed Development Order shall be approved by the City Attorney.
4 2. All proposed Development Orders shall be submitted to the City Commission 00
5 the consent agenda at the ~ second regular City Commission meeting following action by
6 the Planning and Development Board or the Community Redevelopment Agency. The item
7 shall be consolidated on the "public hearing" portion of the agenda with other agenda items
8 concerning the same development. When a legislative item, such as a land use amendment is
9 consolidated with a Quasi-iudicial item, such as a rezoning, both items shall proceed using the
10 Quasi-iudicial process, but consolidation shall not alter the legal standard for review, or the
11 burden of proof.
12 3. Prior to approval of the Commission consent agenda, a member of the
13 Commission may request the remo'ial of any proposed Development Order foml the consent
14 agenda for further disoussion, consideration, or public hearing prior to ratification.
15 4. The City Commission may table a proposed Development Order \vhich has been
16 removed from the consent agenda to a future meeting date to insure that proper notice and
17 opportunity to be heard is provided to the applicant, the public, and any other interested
18 parties. All documents and evidence that were submitted to the Planning and Development
19 Board or Community Redevelopment Agency Board constitute part of the record of the
20 proceeding before the City Commission and it is presumed that the City Commission
21 accepted and considered the documents and evidence in its consideration of the issues before
22 the Commission.
23 5. Following ratification of a proposed Deyelopment Order by the City Commission,
24 the City Clerk shall date and sign the Development Order and issue it as a final order.
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Section 3.
Each and every other provision of the Land Development Regulations
27 not herein specifically amended, shall remain in full force and effect as originally adopted.
28 Section 4. All laws and ordinances applying to the City of Boynton Beach in
29 conflict with any provisions of this ordinance are hereby repealed.
30 Section 5. Should any section or provision of this Ordinance or any portion
31 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
32 affect the remainder of this Ordinance.
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Section 6.
Authority is hereby given to codify this Ordinance.
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Section 7. This Ordinance shall become effective immediately.
FIRST READING thisU1tay of ...JA j.J U IUl i ' 2006.
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SECOND, FINAL READING AND PASSAGE this 7~ day of
F?/JrtLary ,2006.
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ATTEST:
~ ute th'1i
. ty Clerk
CITY OF BOYNTON BEACH, FLORIDA
!~lrv-
r yory I
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Commissioner
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