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O97-41First Reading 8/5/97 ORDINANCE NO. 097- ~1 AN ORDINANCE 'OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 1.5, OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF BOYNTON BEACH, BY AMENDING SECTION 4.3(A), PROVIDING THAT CONDITIONAL USE APPROVAL SHALL PRELIMINARILY BE REVIEWED BY THE PLANNING AND DEVELOPMENT BOARD PRIOR TO COMMISSION CONSIDERATION; AMENDING SECTION 4;3(B), PROVIDING THAT CONDITIONAL USE APPROVAL TIME EXTENSIONS SHALL BE APPROVED BY THE PLANNING AND DEVELOPMENT BOARD; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, in enacting Ordinance 097-22, 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 granted to the Planning and Development Board, through the enactment of Ordinance O97-22, the power to grant preliminary approval of certain types of applications and others; and WHEREAS, in enacting Ordinance 097-22, conditional use approval Plamting and Development Board 3 7~23\97 1 First Reading 8/5/97 Section 2. That Part III, Chapter 1.5 "Planning and Development Generally," Section 4.3(B) is hereby amended t° add subsection (18), by adding the words and.figures in underlined type and by deleting the words and figures in struck-through type, as follows: B. The following are processed and Department shall development board: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. applications/types of requests that reviewed by the Planning and Zoning be approved by the planning and Abandonment Administrative appeal Community Design Plan appeal Concurrency appeal Concurrency time extension Landscape appeal Master plan modification Master plan time extension Major site plan modification New site plan Parking lot variance Sign code variance Site Plan time extension Subdivision - master plan Use approval Zoning code appeal Zoning code variance Conditional use approval time extension Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of Planning and Development Board 3 7~23\97 3 II First Reading 8/5/97 and conditional use approval time extensions were inadvertently omitted, making it necessary to provide for the method of approval for these development issues; 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 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," Section 4.3(A), is hereby amended to add subsection (10), by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: A. The fOllowing applications/types of requests shall preliminarily be reviewed by the Planning and Development Board prior to approval by the City Commission: 2. 3. 4. 5. 6. 7. 8. 9. 10. Planning and Development Board 3 7~23\97 Annexation Code review Comprehensive plan text amendment Consistency review Development of regional impact amendment Height exception Land use plan amendment/rezoning Rezoning Telecommunication towers (waiver or reduction of separation requirements and/or special exception. regarding application rejection Conditional Use Approval. I! First Reading 8/5/97 competent jurisdiction to be invalid, such decision remainder of this ordinance. shall not affect the Section 5. Section 6. passage. FIRST READING this ~ day of August, 1997. SECOND, FINAL READING AND PASSAGE ~,,~,,_~;~' ,1997. Authority is hereby granted to codify said ordinance. This ordinance shall become effective immediately upon this /~ day of ATTEST: Planning and Development Board 3 7~23\97 CITY OF BOYNTON BEACH, FLORIDA C&m missioner Commissioner