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O87-10ORDINANCE NO. 87-/0 AN 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 BETWEEN THE WESTERN BOUNDARY OF THE CENTRAL BUSINESS DISTRICT OF THIS CITY AND THE WESTERN CITY LIMIT ALONG BOYNTON BEACH BOULEVARD; MAKING LEGISLATIVE FINDINGS OF FACT; DECLARING LEGISLATIVE INTENT AND PURPOSE; PROVIDING DEFINITIONS; DECLARING A MORATORIUM ON APPLICATIONS FOR AND APRROVALS OF SUBDIVISION PLATS, REPLATTING OF FORMERLY PLATTED PROPERTY AND PLANNED UNIT DEVELOPMENTS ALONG BOSTON- BEACH BOULEVARD; DECLARING A MORATORIUM ON PETITIONS: FOR ZONING AND REZONING OFPROPERTY ALONG BOYNTON BEACH BOULEVARD; DECLARING CERTAIN EXCEPTIONS; PROVIDING FOR THE PROCESSING, HEARING AND ADMINISTRATIVE DISPOSITION OF ALL PENDING APPLICATIONS AND PETITIONS EFFECTED HEREBY; PROVIDING FOR VARIANCES; ESTABLISHING THE BOYNTON BE~CH 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 COMMISSION UPON VARIANCE APPLICATIONS; PROVIDING FOR AUTOMATIC DATE; AND FOR OTHER PURPOSES. W/{EREAS, the Florida Department of Transportation (hereinafter DOT) is about to construct~.i~e~.~t.e~hange~at the intersection of BOynton Beach Boulev&rd ~and Florida's Turnpike; and W~RREAS, DOT has funded a new bridge crossing the Intracoastal Waterway at Boynton Beach Boulevard; and W~RREAS, many buildings and structures along Boynton Beach Boulevard are old and do not reflect the future use of land; and W~RREAS, DOT is considering median reconstruction along Boynton Beach Boulevard; and W~RREAS, the City's Zoning Code does not provide for site design requirements which are different in kind from code requirements on streets less prominent than Boynton Beach Boulevard; and W~RREAS, the depth of commercial zoning along Boynton Beach Boulevard does not allow for development consistent with the character of Boynton Beach Boulevard; and W~RREAS, the changing market conditions along Boynton Beach Boulevard suggest a need for further study; and W~EREAS, specific architectural and landscaping guidelines are desirable in order to add to the character and significance of Boynton Beach Boulevard; and WHEREAS, traffic impact is a serious concern along Boynton Beach Boulevard; and WRE-~, the location of turn-outs, median cuts, turn lanes and traffic signals require additional analysis along Boynton Beach Boulevard; and WHE~, drainage problems exist on West-Boynton Beach Boulevard; and W~EAS, vacancy rates and future projections for office and retail floor space deserve further study; and WHEREAS, it is desirable to maintain the quality of life in existing and proposed residential areas along Boynton Beach Boulevard; and WHEREAS, conflicting land uses along BoyntOn Beach Boulevard may result in traffic safety problems; and WHEREAS, the City of Boynton 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 WHEREAS, there are likely to be inconsistency's between the existing zoning district and subdivision regulations and the future development needs along Boynton Beach Boulevard; and WHEREAS, the City Commission finds and declares a need to suspend temporarily the future development of all properties along the Boynton Beach Boulevard corridor, as described in this Ordinance, in order to review such properties and proposed development in order to permit, 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 development along Boynton Beach Boulevard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,,~~ .... Section 1: Legislative Findings of Fact. The City Commission of the City of Boynton Beach, Florida, finds and declares that: 1. Ail of the statements set forth in the preamble to this Ordinance are true and correct. 2. Fbr said reasons, there exists a need to impose a temporary moratorium as set forth hereinbelow in order to avoid the frustration and defeat of the policies and objectives necessarily to be developed for the harmonious and beneficial development along Boynton Beach Boulevard. 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 Commission to impose a temporary moratorium on the activities set forth and described herein, 2 Section 3: Moratorium Boundaries. This Ordinance shall be applicable to all zoning districts fronting upon Boynton Beach Boulevard westerly of the Florida East Coast Railway Right-of-Way (the western boundary of the Central Business District) and easterly to the western City limits. Section 4: Moratorium Declared. As to any real property located in whole or in part within any zoning category which fronts on Boynton Beach Boulevard, westerly from the boundary of the Central Business District, and easterly to the western City limit, 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 alterations of buildings and structures. 2. The acceptance of applications for and the approval of subdivision plats, including the replatting of formerly platted properties. 3. The acceptance of applications for and the issuance of master plan or plat approval for planned unit developments. 4. The acceptance of approval of petitions for property. applications for and the the zoning and rezoning of Section 5: Exceptions. shall not be applicable to: Section 4 of this Ordinance 1. Any application for a building permit which was filed prior to April 22, 1987. 2. Any application or petition for any subdivision plat approval, planned unit development approval, or zoning or rezoning of property which was filed prior to April 22, 1987. 3. Any application or petition for a building permit to repair buildings and structures accessory to existing primary use buildings and structures. 4. Any petition of the City or its duly designated agents or assigns for a building permit.~ · ..... 5. Any petition of the City Commission 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. '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 or other specific details of the proposed development are consistent with the future development of Boynton Beach Boulevard: 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 Commission 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 consisting 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 be incompatible with the future development of Boynton Beach Boulevard. In addition, the technical review committee shall review the technical consistency of the application with the City Code and make comments accordingly. 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 Commission 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 Commission of the City of Boynton Beach. Recommendations of the special variance board shall be promptly forwarded to the City Commission in order to appear on the agenda of the regular or special City Commission meeting scheduled to be held within thirty (30) days after rendition of the recommendations of al variance board. The City Commission 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 of the City Commission shall examine the effect of any special circumstances causing unique and unnecessary 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 zoning change and any city department approvals on any procedural steps or processes prior to the enactment of this Ordinance. Section 7: Automatic Repeal; Suspension of Conflicting Ordinances and Resolution. This Ordinance shall stand repealed as of 11:50 P.M. on the 22nd day of July, 1987, 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 Resolutions of the City of Boynton Beach or portions thereof in conflict with this Ordinance are declared to be suspended to the extent of such conflict. Section 8: Effective Date. This Ordinance shall take effect immediately upon adoption. Section 9: Should any Section or provision of this Ordinance or any portion thereof be declared by a Court of competent jurisdiction to be invalid, such decision shall not effect the remainder of this Ordinance. 1987.FIRST READING this ~ day of ~ , SECOND, FINAL READING and PASSAGE this /~ day of /~/~ , 1987. ATTEST: CiG Clerk ~/~FT' '~.( d~or~porate Seal ) CITY OF BOYNTON BEACH, FLORIDA Vice ~ay6r Commiss foner~-