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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