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O85-29ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 19. PLANNING AND DEVELOPMENT GENERALLY. BY ADDING A NEW ARTICLE IV. DO?~TOWN REVIEW BOARD,AND A NEW ARTICLE V. CENTRAL BUSINESS DISTRICT PROJECT REVIEW AND APPROVAL; SAID ARTICLE IV. ESTABLISHING A DOWNTOWN REVIEW BOARD AND SETTING FORTH THE QUALIFICATIONS OF ITS MEMBERS, PROVIDING GUIDELINES FOR THE APPOINTMENT AND REMOVAL OF BOARD MEMBERS, AND SETTING FORTH THE TERMS AND PROCEDURE FOR FILLING VACANCIES ON THE BOARD; SETTING FORTH THE OFFICERS AND MEETINGS OF THE BOARD AND PROCEDURES FOR MEETINGS OF THE BOARD; PROVIDING THAT THE BOARD IS ACCOUNTABLE TO THE CITY COUNCIL; SAID' ARTICLE V. PROVIDING PROCEDURES FOR THE SUBMISSION OF PROJECTS WITHIN THE CENTRAL BUSINESS DISTRICT; PROVIDING FOR A FILING FEE; REQUIRING PROJECT APPROVAL PRIOR TO THE ISSUANCE OF A BUILDING PERMIT; ESTABLISHING A TECHNICAL REVIEW BOARD AND SETTING FORTH THE DUTIES OF SAID BOARD; PROVIDING FOR REVIEW BY THE DOWNTOWN REVIEW BOARD, THE COMMUNITY REDEVELOPMENT AGENCY AND THE CITY COUNCIL; PROVIDING AN APPEAL PROCEDURE AND REGULATIONS RELATIVE TO THE TE~iINATION, EXPIRATION OR EXTENSION OF ANY APPROVALS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 19. PLANNING AND DEVELOPMENT GENERALLY. SHALL RER~IN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AiN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: Chapter 19. PLANNING AND DEVELOPMENT GENERALLY. of the Code of Ordinances, City of Boynton Beach, Florida, is hereby amended by creating a new ARTICLE IV. Downtown Review Board, which shall read as follows: ARTICLE IV. DOWNTOWN REVIEW BOARD Sec. 19-50. Board establishment; membership; qualifications. A Downtown Review Board is hereby established which shall consist of five (5) regular members and three (3) alternate members. At least two (2) regular members of the Board shall be architects, landscape architects and/or urban planners, when possible. Each regular and alternate Board member shall be a resident of the City, and one (1) regular member of the Board, when possible, shall be a business owner in the Community Redevelopment Area. Sec. 19-51. Appointment; terms; filling vacancies; removal. The Downtow~-Review Board shall be composed of: A. Two ~) members of the Planning and Zoning Board appointed by the Planninq and ZO~zng Board. One (1) shall hold office as a regular member and one (1) shall hold office as an alternate member. Two (2) members of the Community Appearance Board appointed by the Community Appearance Board. One (1) shall hold office as a regular member and one (1) shall hold Office as an alternate member. Four (4) members appointed by the Community Redevelopment Agency. Three (3) shall hold office as regular members and one (1) shall hold office as an alternate member. Of the members of the Board first appointed, the regular and alternate members from the Planning and Zoning Board and Community Appearance Board shall hold office for the balance of their terms as Planning and Zoning Board and Community Appearance Board members. Of the four (4) members first appointed by the Community Redevelopment Agency, one (1) regular member and one alternate member shall hold office for a one (1) year term; one (1) regular member shall hold office for a two (2) year term; and one (1) regular member shall hold office for a three (3) year term. As each vacancy occurs, it shall be filled for a three (3) year term. The City Council shall have power to fill any vacancy which occurs on the Downtown Review Board if it has not been filled within thirty (30) days. The City Council shall have power to remove any member of the Board for cause. Sec. 19-52. Officers; meetings. The Downtown Review Board shall elect a chair- person and a vice-chairperson to preside at meetings, and the Board shall meet as often as needed, but not less than once each month on regularly scheduled dates. Additional meetings shall be arranged when needed or required. All meetings shall be held in the City Hall and be open to the public. Sec. 19-53. Procedures; quorum and vote required; records. The Downtown Review Board shall adopt rules and regulations for the conduct of its business. Four (4) members of the Board shall constitute a quorum, and the affirmative or negative vote of a majority of the entire regular membership of the Board shall be necessary for any action taken by the Board. A record of the proceedings of the Board shall be filed in the office of the City Clerk and shall be available to the public. Sec. 19-54. Directly accountable to Council; review and recommendations. The Downtown Review Board shall be directly and completely accountable to the City Council. The Board she redevelopment Central Busines its written re¢ Redevelopment include any ap~ specifications for compliance redevelopment and sign ordin CBD, and for t~ safety, morals The recommend of whether the compliance wit? ne The propose harmony and comprehensJ architectuI aesthetic community and landsc The propose harmony wi~ which conf¢ plan for t~ C8 Constructi¢ structure ¢ of the dat~ The propos~ to serve The econom~ or structu] in the com~ not advers~ Section 2: Ch~ GENERALLY. of the Code oJ Florida, is hereby amend~ Business District Project as follows: ARTICLE V. CEE ANI Sec. 19-60. PI dc Any person o% Business Distr~ permit for con~ shall submit t( supporting dat~ architect, reg~ registered eng2 landscape, arct planning suppo] the Technical ] evaluating the The project shall indicate detailed for c economic facto] 11 review public and private lans and specifications for the s District (CBD) and then make ommendations to the Community gency. Such recommendations may ~ropriate changes in plans and as the Board may deem necessary with the intent of the community lan, the zoning, parking, landscape rices, the design guidelines for the .e promotion of the public health, and general welfare. .ations Shall include consideration plans and specifications are in the following criteria: d use, building or structure is in · generally compatible with the City's ~ve plan and with the standards of · al design, landscape design and other onsiderations established in the ~edevelopment plan, and the architectural .pe design guidelines. ~d use, building or structure is in ~h the adjacent and nearby properties .rm to the community redevelopment ~e CBD. ~n of the proposed use, building or ~an be initiated within one (1) year of approval. d utility services will be adequate ~e proposed use, building or structure. .c effects of the proposed use, building · e shall not adversely affect properties ~unity redevelopment area and shall ~ly affect the public interest. ~pter 19. PLANNING AND DEVELOPMENT Ordinances, City of Boynton Beach, d by adding a new ARTICLE V. Central Review and Approval.,which shall read TRAL BUSINESS DISTRICT PROJECT REVIEW APPROVAL. oject submission; plans and supporting )cuments required. zning property within the Central .ct desiring to obtain a building ~truction of any buildin~ or structure the City Planner project plans and prepared by a Florida registered stered landscape architect, or .neer, with appropriate surveying, ~itectural, engineering and urban ~t as necessary or required to assist [eview Board in reviewing and proposed use, building or structure. ~ubmission, plans and supporting data the following information sufficiently )nsideration of visual, safety and ?s: ne Fe Survey of the property, showing dimensions and bearings of property lines, area, spot elevations or contours, existing features, trees, vegetation, structures, streets, easements, utility lines, land uses, and use of surrounding property. Site plan showing proposed development, building locations, various functional use areas, circulation pattern, dumpsters, parking and loading spaces. Plan showing locations and dimensions of existing and proposed street dedications required to handle the traffic generated by the proposed uses, and location of curb cuts for vehicular entrances and exits. Architectural building plans including floor plans, exterior elevations, sections, construction materials, exterior finishes and color scheme. Landscape plans showing grading, construction drawings, plant materials, hardscape, walls, fences, furniture and lighting. Signage plans showing location, size, color and construction details. Engineering plans, showing water, sewer, drainage, electricity, telephone, gas installation, waste disposal facilities, street improvements, and extent of earth work required for the project. Schedule and description of proposed uses, tabulation of square feet proposed for each use; estimated population and employees; hours of operation; types and volume of traffic expected; construction sequence and time schedule for completion of each phase for buildings, parking and landscaped areas. Fiscal impact, economic analysis, and engineering feasibility studies if required by the Agency. Deed restrictions, parking lease agreements, and other legal devices to be used to control the use, development and maintenance of the land. Such other engineering and technical data as may be required to permit necessary findings as to compliance with the provisions of the City's Ordinances. ne Any of the above requirements may be waived by the Technical Review Board if such information is deemed to be nonessential by the Board. Sec. 19-61. Fee to accompany plan. Ail applicants submitting an application for project plan review shall be required to pay the following fees at such time as said application is submitted to the City for review: ao For applications involving construction costs of one hundred thousand dollars ($t00,000.00) or greater -- three hundred dollars ($300.00). For applications involving construction costs of less than one hundred thousand dollars ($100,000.00 -- one hundred dollars ($100.00). Sec. 19-62. Approval prerequisite to building permit. No building permit shall be issued for construction of any building, structure or other development of property, or alterations thereto, in the Central Business District unless the project plans and supporting data have been reviewed by the Technical Review Board, the Downtown Review Board, and the Community Redevelopment Agency, and when necessary, approved by the City Council, as required in Sections 19-63 through 19-72 below. Sec. 19-63. Technical Review Board; membership. A Technical Review Board for project plan and supporting date review shall consist of the following members, or their duly authorized representatives: the City Planner, who shall be chairman for the CBD project review items; the City Engineer; the Building Official; the Director of Utilities; the Director of Public Works; the Recreation Director; the Fire Chief; the Police Chief; the Special ProjectS and Energy Coordinator; the Urban Forester/Horticulturalist; and the Executive Director of the Community Redevelopment Agency. Sec. 19-64. Duty of the Technical Review Board to review plans. The Technical Review Board shall review every project plan and supporting data for the construction of any building or structure, in order to coordinate the technical advice and expertise of the committee members and to insure compliance with the various provisions and intent of the City Code or Oridnances, prior to forwarding the project submission to the Downtown Review Board, the Community Redevelopment Agency and the City Council. Sec. 19-65. Factors to be considered and reported by the Technical Review Board in review. The Technical Review Board shall review each project submission to determine whether or not the plans and supporting data meet all requirements of the City's Ordinances, and shall prepare a report of their findings. The Technical Review Board shall consider the following factors, and any recommendations of any departments or board of the City when available, mn preparing their report: Types, dimensions, character, locations and patterns or streets, driveways and o'ther access facilities to the property and the proposed structures thereon, including such considerations as automotive and pedestrian safety and convenience traffic flow and control, curb cuts, refuse .collection and maintenance services, off-street parking and loading areas, access for police and fire protection and for emergency rescue service, and other considerations including economic effects, noise, glare, fumes, odors, vibration and other effects of the proposed project on nearby properties. Utilities, including such considerations as location availability and compatibility of utilities for %he proposed use or structure. Provisions for and effects of screening and buffering of the proposed uses and structures. Sec. 19-66. Report by the Technical Review Board. The Technical Review Board shall report their findings to the Downtown Review Board, the Community Redevelopment Agency, and the City Council, as required below. In the event that the Technical Review Board fails to make its written report to the Downtown Review Board within thirty (30) days after receiving an application which is complete with all required plans and supporting data, the application shall be deemed to have been approved by the Technical Review Board, and shall thereupon be received by the Downtown Review Board, the Community Redevelopment Agency, and the City Council, as required below. Sec. 19-67. Review by Downtown Review Board. The Downtown Review Board shall review the Technical Review Board's report, and hold a public meeting, after which the Downtown Review Board shall make a written recommendation to the Community Redevelopment Agency. Sec. 19-68. Review by Community Redevelopment Agency and City Council. For applications with a total value of construction of less than one hundred thousand dollars ($100,000.00), the Community Redevelopment Agency shall review the Technical Review Board's report and the Downtown Review Board's recommendations, and shall hold a public meeting, at which the Agency shall approve, approve with modifications, or disapprove the applicatio For all applications for projects with a total value of construction of one hundred thousand dollars ($100,000.00) or more, applications for projects involving construction which establish new principal uses, and applications for projects previously approved as required by Section 19, Article II of the City of Boynton Beach Code of Ordinances, and for applications for conditional use approval, the Community Redevelopmer Agency shall review the Technical Review Board's report and the Downtown Review Board's recommendation, and shall conduct a public meeting, or in the instance of a conditional use, a public 'hearing, and make written recommendations to the City Council. Sec. 19-69. Approval by City Council. The City Council shall hold a public meeting to review a project application, or, in the case of a conditional use application,a public hearing, and either approve, approve with modifications, or disapprove the application. Sec. 19-70. Building permit. The City Building Official is authorized to accept the application for building permit and working drawings for the project only after approval of the project application by the CitY Council or Co~unity Redevelopment Agency, as required. After compliance of the plans and specifications with all other City Codes, the Building Official is authorized to issue a building permit for the project. 6 Sec. 19-71. Appeal. ao For applications which receive final approval from the Community Redevelopment Agency, an appeal may be made to the City Council by the project applicant. The notice of appeal shall be filed within thirty (30) days, and shall specify in what respect the Appellant is aggrievDd, and what action the Appellant desires the City Council to make. The City Council shall hear the appeal at a public meeting, and shall render a decision. De Any applicant aggrieved by a decision of the City Council may seek judicial review as provided by the Florida Statutes. Sec. 19-72. Termination, expiration or extension of approval. In the event of the abandonment of or deviation from the site plan and/or building plans as approved by the City Council, or mn the event that a building permit has not been issued and construction commenced within one (1) year from the date of approval, the approval of the site plans and/or building plans shall terminate and shall become null and void. The City Council may extend the period of approval for one (1) additional ~ear if the site plan and/or building plans are consistent with the current downtown redevelopment ~lan. Conditional uses shall be subject to Section ll.2.E. of the zoning regulations with respect to time limitations and extensions, provided such use and development conform to the current downtown redevelo plan. Section 3: Each and every other provision of Chapter 19 PLANNING AND DEVELOPMENT GENERALLY. shall remain in full force and effect as previously enacted. Section 4: Specific authority is hereby given to codify this Ordinance. Section 5: Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 7: This Ordinance shall become effective immediately upon passage. 1985. FIRST READING this~~day of SECOND READING and FINAL PASSAGE this day of CITY OF BOYNTON BEACH, FLORIDA. V~CE MAYOR COUNCIL ~MBER ~UN~IZ MEMBER COUNCIL MEMBER ATTEST: CITY CLER~~' (Seal)