O91-79Rev. on Second Reading
11/8/91
ORDINANCE O91-
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING APPENDIX A, SECTION 6. F.11 AND
AND SECTION 6 F. 13. REGARDING PLANNED
COMMERCIAL DEVELOPMENT (PCD); PROVIDING
FOR A REVIEW OF PLANNED COMMERCIAL
DEVELOPMENTS; PROVIDING FOR EXTENSIONS
OF TIME; PROVIDING FOR CHANGES IN PLANS;
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City Commission following recommendation
from the Planning Director finds that the following
amendment to Appendix A of the Code of Ordinances dealing
with Planned Commercial Development Districts would
clarify and better control such developments;
serve to
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That Section 6.F. 11. of Appendix A -
Zoning, "Time Limit." is hereby amended by adding the words
and figures in underlined type and by deleting the words and
figures in struck-through type as follows:
Section 6. Commercial district
regulations and use provisions
F. Planned Commercial Development
District.
11. Time Limit. The approval of the
zoning to PCD by the City C~un~
Co~ission shall be in effect for
eighteen (18) months from the effective
date of the approval of the ordinance to
rezone. Failure to record a plat of
record for the first phase of the
development or for the total development
as the case may be within the
aforementioned eighteen (18) months
shall result in the approval of rezoninq
being subject to review by the City
Commission. The City Commission shall
direct staff to submit to the City
Commission an application which will
down zone the property to the original
or appropriate zoning district.
Following such direction by the City
Co=~ission, no new development permits
affectinq the property shall be issued
by the City until a final determination
is made by the City Commission followinq
notice and public hearing. Upon written
request by the applicant prior to the
expiration of the PCD classification the
City counc~ Co~mission may {or -good
cause extend for one (1) additional
year, the period for reco~ng
commencing a -p~a% plattinq procedures.
Rev. on Second Reading
11/8/91
In granting such extensions, the City
Commission may impose additional
conditions to insure completion of the
platting process and conform the project
to current development standards, and to
protect the health, safety and welfare
of adjacent developments.
Section 2. That Section 6.F. Planned Commercial
Development, Appendix A - Zoning, subdivision 13. "Changes
in plans." is hereby amended by adding the words and figures
in underlined type and by deleting the words and figures in
struck-through type as follows:
Section 6. Commercial district
regulations and use provisions
F. Planned Commercial Development
District.
13.b. Changes in plans.
Modifications to approved plans
which result in an increase of less
than ten (10) per cent in
measurable impacts as determined by
may-be-appreved-by-the-p~ann~ng-and
zon~ng--boar~7--however7 including
any changes in traffic generated,
water consumed or sewage to be
collected will require review and
recommendation by the Planning and
Zoning Board and final approval by
the City Counc~ Co~m~ission. The
board's City Co~ission decision to
approve, approve with modifications
or deny denial, shall be
predicated upon a finding of
consistency with the comprehensive
plan and a finding that any such
increase will not result in a
negative impact on infrastructure
delivery systems or the surrounding
area in general. It is the intent
of this section that all additional
impacts be mitigated. Any-~e~s~on
o~ -%he -boa~d -~n -th~s -~ega~d -~s
appea~ab~e--t~--the--C~%y--~unc~
Modifications which result in an
increase of less than ten (10)
percent in measurable impacts as
determined by shall not extend the
expiration date of the 18 month
approval of a PCD classification.
Section 3. That 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 competent jurisdiction to be
shall
iRev. on Second Reading
'i',11/8/91
invalid, such decision
ithis ordinance.
Section 5. Authority is
ordinance.
not affect the remainder of
day of
hereby granted to codify said
Section 6. This ordinance shall become effective
immediately upon passage.
FIRST READING this
1991.
SECOND, FINAL READING and PASSAGE this __
/? day of
ATTEST:
!(Corporate Seal)
PCD.ORD
10/29/91
Rev. 11/8/91
CITY OF BOYNTON BEACH, FLORIDA
C/6~L~S ioner