O91-78iRev. on Second Reading
11/8/91
ORDINANCE O91-78
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING APPENDIX B, SECTIONS 10 AND 12
RELATING TO PROCEDURES FOR PLANNED UNIT
DEVELOPMENTS (PUD); PROVIDING FOR
AUTOMATIC REVIEW OF PLANNED UNIT
DEVELOPMENTS; 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
~mendment to Appendix B of the Code of Ordinances dealing
with Planned Unit Developments would serve to clarify and
better control such developments;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section i. That Section 10. Procedures of zoning
of land to PUD, Appendix B - Zoning, subdivision c.
"Conditions and stipulations." is hereby amended by adding
the words and figures in underlined type and by deleting the
~ords and figures in struck-through type as follows:
Section 10. Procedures for zoning of
land to Planned Unit Developments (PUD)
c. Conditions and stipulations. In
recommending zoning of land to PUD
classification, the planning and zoning
board may recommend and the governing
body may attach suitable conditions,
safeguards, and stipulations, in accord
with standards set out in these zoning
regulations and in this section. If the
preliminary development plan and fina!
development plan as set out in section
11 below has not been commenced within
eighteen (18) months of the date of
zoninq of land to PUD, then the approval
of rezoning shall be 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
Commission, no new development permits
affecting the property shall be issued
by the City until a final determination
is made by the City Commission following
notice and public hearing. Upon
written request of the applicant prior
to the expiration of the
classification, the City Commission may
extend for one (1) additional year
period for commencing platting
Rev. on Second Reading
11/8/91
procedures. In granting such extension
the City Commission may impos.
additional conditions to tnsur~
completion of the platting process a~d
conform the project to current
development standards, and to protect
the health, safety and welfare of
adjacent developments.--The-~ond~t~ons7
sa~eguardsT-and-st~pu~at~ons-so-made-at
the -t~me -o~ -zoning -to -PUB -sha}~ -be
b~nd~ng--upon--the--appk~eant--o~--h~s
successo~s-~n-~nterestv--Bev~at~ons-~rom
aPproved--pkans--exce9t--~n--the--manne~
here~n-set-out-or-fa~kure-to-eompky-w~th
any .... requirement7 .... condition7 .... or
sa~eguardT-shakk-eonst~tute-a-v~okat~on
o~--these--zon~ng--regukat~onsr---~t--~s
kntende~-that-no-cond~t~onsT-safeguards7
or -stipulations -be -required -which -are
not -w~th~n -the -standards -set -out -~n
these -zoning -regulations -and -~n -th~s
sect~on-an~-that-cond~t~onsT-safeguards7
and-stipulations-be-~ear~y-re~ated-to
the-ends-and-objeet~ves-o~-these-zon~ng
regukat~ons-and-th~s-sect~on.
Section 2. That Section 12. Appendix B - Zoning,
"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 12. Changes in plans.
Changes in plans approved as a part
of the zoning to PUD may be permitted by
the planning and zoning board upon
application filed by the developer or
his successors in interest, prior to the
expiration of the PUD classificatio~ but
only a finding that any such change or
change are in accord with all
regulations in effect when the c change
or changes are requested and the intent
an purpose of the comprehensive plan in
effect at the time of the proposed
change. Substantial changes other-than
those -~nd~eated shall be processed as
for a new application for PUD zoning.
The determination of what constitutes a
substantial change shall be within the
sole discretion of the city Commission
~unc~. Nonsubstantial changes as
determined by the City Commission in
plans shall not extend the expiration of
the 18 month approval for the P~
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
Rev. on Second Reading
.1/8/91
'ord be declared by a court of competent
nvalid, such decision shall not affect
his ordinance.
Section 5. Authority is
rdinance.
Section 6. This ordinance
.mmediately upon passage.
FIRST READING this ~M' day of
991.
SECOND, FINAL READING and PASSAGE this
~, 1991.
jurisdiction to be
the remainder of
hereby granted to codify said
shall become effective
/~W~U~ ,
day of
~TEST:
CITY OF BOYNTON BEACH, FLORIDA
IICorpo~ate Seal )
3D.ORD
0/29/91
ev. 11/8/91