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O83-40AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, DECLARING A TEMPORARY MORATORIUM UPON APPLICATION FOR AND ISSUANCE OF BUILDING PERMITS FOR THE CONSTRUCTION OR ALTERATION OF BUILDINGS AND STRUCTURES WITHIN THE DOWNTOWN BUSINESS DISTRICT OF THE CITY, AS DESCRIBED MORE PARTICULAP~Y HEREIN; MAKING LEGISLATIVE FINDINGS OF FACT; DECLARING LEGISLATIVE INTENT AND PURPOSE; PROVIDING DEFINITIONS; DECLARING A MORATORIUM ON APPLICATIONS FOR AND APPROVALS OF SUBDIVISION PLATS, RE-PLATTING OF FO~%IERLY PLATTED PROPERTY AND PLANNED UNIT DEVELOPMENTS WITHIN THE DOWNTOI~J BUSINESS DISTRICT; DECLARING A MORATORIUM ON PETITIONS FOR ZONING AND RE- ZONING OF PROPERTY WITHIN THE DOWNTOWN BUSINESS DISTRICT; DECLARING CERTAIN EXCEPTIONS; PROVIDING FOR THE PROCESSING, HEARING AND ADMINISTRATIVE DISPOSITION OF ALL. PENDING APPLICATIONS AND PETITIONS AFFECTED HEREBY; PROVIDING FOR VARIANCES; ESTABLISHING THE BOYNTON BEACH PLANNING AND ZONING BOARD AS A SPECIAL VARIANCE BOARD WITH ADvIsORy~POWERS ONLY; ESTABLISHING A PROCEDURE FOR VARIANCE APPLICATIONS AND THE CRITERIA UNDER WHICH VARIANCES MAY~BE GRANTED; PROVIDING FOR FINAL DECISIONS BY THE CITY COUNCIL UPON VARIOUS APPLICATIONS; PROVIDING FOR AUTOCRATIC REPEAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES~. 'WHEREAS, in Part III, Chapter 163, Florida Statutes, Resolution No. 82-kk, and Ordinance No. 82-13 of the City of Boynton Beach, Florida, the City Council has established the Boynton Beach Community Redevelopment Agency and has appointed its Board of Commissioners; and WHEREAS, the Boynton Beach Community Redevelopment Agency~is charged with the duty of preparing or causing to be prepared a community redevelopment pla_n as described in Section 163.360, Florida Statutes, for the area commonly known as the Downtown Business District of Boynton Beach, Florida, or for any portion of such area; and WHEREAS, the Boynton Beach Community Redevelopment Agency has negotiated a contract for professional planning services with a planning consultant firm to produce an acceptable community redevelopment plan; and WHEREAS, the City of Bo~nton Beach currently has in effect zoning district and subdivision regulations which provide land use and development regulations to promote health, safety, morals and general welfare of the City; and (1) WHEREAS, there are likely to be inconsistencies between the existing zoning district and subdivision regulations and the community redevelopment plan; and WHEREAS, the City Council finds and declares a need to suspend temporarily the further development of all properties within the Downtown Business District of the City, as described in this Ordinance, in order to review such properties and proposed development in order to permit development, including both the construction of new buildings and structures and the alteration of existing buildings and structures, which does not jeopardize the integrity of the emerging community redevelopment plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Legislative Findings of Fact. The City Council of the City of Boynton Beach, Florida, finds and declares that: 1. All of the statements set forth in the preamble to this Ordinance are true and correct. 2. For said reasons, there exists a need to impose a temporary moratorium as set forth herein below in order to avoid the frustration and defeat of the policies and objectives of the proposed ~ommunity redevelopment plan. Section 2: Intent and Purpose. It is the purpose and intent of this Ordinance to promote the health and general welfare of the City of Boynton Beach, Florida, and to facilitate the adequate provision of transportation and other public requirements. It is the further purpose and intent of the City Council to impose a temporary moratorium on the activities set forth and described herein. Section 3: This Ordinance shall be applicable to the Downtown Business District of the City of Boynton Beach, Florida, the boundaries of which are depicted upon Exhibit A to this Ordinance and described with more particularity in Exhibit B to this Ordinance, both exhibits being incorporated by reference as if set forth in full. (2) 4: Moratorium Declared. As to any property Section located in whole or in part within the Downtown Business District, there is hereby declared to be a moratorium on: 1. The acceptance of applications for, the processing of, and the issuance of building permits for the construction or alteration of buildings and structures. 2. The acceptance of applications for and the approval of subdivision plats, including the replatting of formerly platted property. 3. The acceptance of applications for and the issuance of master plan or plat approval for planned unit developments. 4. The acceptance of applications for and the approval of petitions for the zoning and rezoning of property. Section 5: Exceptions. Section 4 of this Ordinance shall not be applicable to: 1. Any application for a building permit for which site plan approval has been granted by the Planning and Zoning Board as of August 9, 1983. 2. Any application or petition for any subdivision plat approval, planned unit development approval, or zoning or rezoning of property which has been reviewed by the Planning and Zoning Board and a recommendation thereon to the City Council has been adopted by said Board as of August 9, 1983. 3. Any application or petition for any building permit to repair buildings and structures accessory to existing primary use buildings and structures. 4. Any application or petition for a building permit to perform interior only remodeling or renovation. 5. Any petition of the City Council or the Planning and Zoning Board for the zoning or rezoning of property. 6. Provided that any application or petition described in this Section shall be found to conform with all applicable building codes, life safety codes, zoning and subdivision requirements of the City prior to approval. (3) Section 6: Variances. A variance from the strict application of Section 4 of this Ordinance may be granted by the City of Boynton Beach, Florida, in accordance with the procedures hereinafter established, in cases where it is determined either that the strict application of Section 4 would cause unique and unnecessary hardship upon the applicant, or that the specific proposed use or uses in the area, yard, height and other speCific details of the proposed development are consistent with the emerging community redevelopment plan: 1. The Boynton Beach Planning and Zoning Board is hereby designated as a Special Variance Board to hear applications for a grant of variance from the strict application of Section 4 of this Ordinance, and recommend to the City Council final action thereon. ~2. Any property owner desiring to obtain a variance hereunder shall apply in writing to the Special Variance Board, directed to the attention of the Planning Director. AppliCations shall not be required to be in any particular form, but shall contain a full and complete statement of all special facts and circumstances which are relied upon by the applicant as constituting grounds for the issuance of a variance. 3. Prior to review of the application by the Special Variance Board, the Technical RevieW Committee will review the application and make recommendations to the City Manager, who will then forward a report and recommendation to the Special Variance Board. 4. In considering requests for variances from the strict application of Section 4, the Technical Review Committee and the~City Manager will review the application to determine whether or not approval of the application will significantly allow development to take place~which is likely to restrict limitation of a community redevelopment plan for the Community Redevelopment Area. In addition, the Technical Review Committee shall review the technical consistency of the application with the City Code and make comments accordingly. (4) 5. The Board shall schedule and conduct a public hearing upon all such applications as soon as practicable, and shall promptly render its decision thereon in the form of a written resolution to the City Council recommending final action thereon. 6. The recommendations of the Special Variance Board shall be advisory only, and the final decision thereon shall be made by the City Council of the City of Boynton Beach. Recommendations of the Special Variance Board shall be promptly forwarded to the City Council in order to appear on the agenda of a regular or special City Council meeting scheduled to be held within thirty (30) days after rendition of the recommendat~ of the Special Variance Board. The City Council shall take prompt action to consider all such recommendations presented to it and shall either accept, accept with modifications or reject the recommendations of the Board. 7. In considering any requests for variances from the strict application of Section 4 on the grounds of hardship, the Special Variance Board and the City Council shall examine the effect of any special circumstances causing unique and unnecessar~ hardships hereunder; and shall evaluate the time, effort and expenditure of the applicant or his agent therefor that has been devoted to securing a building permit, subdivision plat or replat planned unit development or request for a zoning change and any City department approvals on any procedural steps or processes prior to the enactment of this Ordinance. 8. In considering any requests for variances from the strict application of Section 4 on the grounds of consistency with the community redevelopment plan, the Special Variance Board and the City Council shall examine the status of said plan and the likelihood that the proposed development will be inconsistent with said plan. A denial of variance which was requested on the grounds of consistency with the community redevelopment plan shall be without prejudice to request the same variance at a later time if the proposed plan is materially amended such that the proposed development is no longer inconsistent with the plan. (5) Section 7: Automatic Repeal; Suspension of'Conflicting Ordinances and Resolutions. This Ordinance shall stand repealed as of 11:50 p.m. on the 180th calendar day after the date of adoption unless repealed, provided that nothing herein shall prevent the readoption or ratification of this Ordinance in the same or similar form. During the effective period of this Ordinance, all other ordinances and resolu~ Boynton Beach or portions thereof in confl: are declared to be suspended to the extent Section 8: Effective Date. This effect immediately upon adoption. FIRST READING this /~ day of 1983. sECOND, FINAL READING and PASSAGE of ;ions of the City of .ct with this Ordinance of such conflict. Ordinance shall take this ~z~ day · 1983. CI~IDA V~-CE ~AY O~ ~iEMBEI~ ATTEST: ~CIT~ CLERK (Seal) (6) EXHIBIT "A" The area included within the following' described boundarie!; Commence at the intersection of the centerline of SE 2nd Aven, ue and the east right-of-way line of the Florida East C0'ast Railroad (FECRR); thence easterly along said centerline of'SE 2nd Avenu.e to the cent~rline of US'l; · thence northerly 130 i feet to the centerline of SE 2nd Avenue extended; thence easterly along said centerline of SE 2nd Avenue iextended to the intersection of the centerline of SE 6th Street; i thence northerly along said cente~line of SE 6th Street; to the centerline of Ocean Avenue (S.R.804);- thence easterly along said centerline of Ocean Avenue to the intersection with the west right-of-way line of the Intracoastal Waterway; thence northerly along..::s~id westerly right-of-way line ~f the Intracoastal Waterway to the northeast corner of Lot 20, Dewey's Subdivision as recorded in Plat Book 1, Page 37, )fficial Records of Palm Beach County; thence westeriy alon~ the north line of said Lot 20 and zhe north line of Lots 21, 22 and 23 to the northwest corner of ;aid Lot 23; ~. Plus lots 1, 2 and 3 of Block 2, Civic Center Subdivision ,,as recorded in Plat Book 12, Page 68,Official Record'g of Palm ilBeach County and Blocks 1 and 2 of Robert Addition to Town of Boynton Subdivision as recorded in Plat Book 1, Page 51,. Official i Records of Palm Beach County. ;; i~ ...... ~.2" Plus the area bordered on the north'by SE 2nd Avenue; the east by US #1; the south by SE 6th Avenue; the west by the FECRR. Plus the area bordered on the north by NE 3~d Avenue; the east by the Florida East Coast Rail Road (FECRR); the south by SE 2nd Avenue; the west by NE/SE 3rd Street. thence southerly along the east right-of-way line of mid FECRR to the point of beginning. ~ubdivision as recorded in Plat Book 1, Page 68, ,Official Record i f Palm Beach County to the north line of said s si ' thence westerly sion. said no Subdivision;. ~: - g rth line of R. S. Merrits ~oS.1;Subdivisi°n extended to the intersection, with the centerline of ~ thence continue westerly along the north line of Blocks ~. and 4 of Roberts addition .as recorded in Plat Book 1, Page ~1, Official Records of Palm Beach County extended to the east Fight-of-way line of the 'FECRR; thence nomtherly along the easterly line of R.S. Merrits- Land bounded as follows: On the North by the North right-of-way line of N.E. 10th Ave. On the East by the West right-of-way line of the Florida East Coast Railroad. On the South by the South right-of-way line of N.E. 3rd Ave. On the West by the West right-of-way line of N.E. 3rd. Street and the West line of Lot 3 Robert Wells Subdivision as recorded in Plat Book 11 page 66 Palm Beach County official records, Fla~ Land bounded as follows: On the North by the South line of Block 2, Boynton Place, as recorded in Plat Book 11., Page 40 Official Records of Palm Beach County Fla. and the South line of Lot 17, Block 7 of Lake Addition as recorded in Plat Book 21, Page 18, said county records. On the East by the West right-of-way line of the Intracoastal Water-Way. - On the South by the North line of Lots 20, 21, 22 .and 23 Dewey's Subdivision as recorded in Plat BOoK 1, page 37 and the N®rth line of R.S. Merritt Subdivision as:recorded in Pl~t Book 1, Page 68, said county records. ~ On the West by the East line of said R.S.Merritt Subdivision and the East line of Lots 1, 2, and 3 of Civic Center a Subdivision as recorded in Plat Book 12, Page 68, said county records and the East line of a parcel of land owned by Seaglades Investment Co. care of Holiday House Corp..as recorded in the Official Record Book No. 2036., page 1236 inZsaid county records, and the East line of Lots 1 and 2, Block 2 and.East line of Lot 2, Block 1 of said Boynton Place. '- Land bounded as follows: On the North by the North right-of-way of the C16 Boynton Canal. On the East by the East line of Lot A Harbor Estates as re~orded in Plat Book 21, Page 98, Palm Beach County official records and the East line of Lots 12 and 15 Wilms ~ay as recorded in Plat Book 23, Page 110 said county records and the West line of Lot 19, Block 2 Lake Addition as recorded in Plat Book 11, page 71 in said County records, said West line of Lot 19, also being extended North to the South line of said Lot 15, Wilms Way, and Easterly along said South line to the Southeast thereof, and the W~st line of the following 1Qts: 'Lot 19, Block 2, Lots 19 and 26, Block 3 .~ Lots 20 and 27, Block 4 Lot 22, Block 5,'all in said Lake Addition and the West line of Lot 22, Block 1 and Lot 22, Block 2 both in Boynton Place as recorded in Plat Book 11, page 40 in said countY records, and the East line of a parcel of land owned by Seaglades Investment Co. care of Holiday House Corp. as recorded in the Officia~l Record Book No. 2036, page 1236 in said county records, and the East line of Lots 1, 2, and 3 of Civic Center, a Subdivision as recorded in Plat Book 12, Page 68 in said county records. On the South by the South right-of-way line of N.E. 6th Ave., said South right-of-way line extending Westerly to the West right-of-way line of U.S. 1, thence Northerly along said West right-of-way line to the South line of the continuation of the N.E. 6th Ave. right-of-way thence Westerly along said South right-of-way line to the West right- of-way line of the Florida East Co~t Railroad. On the West by the said West righ't~z~f-way line of the Florida East Coast Railroad.