07-031
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1 ORDINANCE NO. 07- 031
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3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
5 CHAPTER 4, SITE PLAN REVIEW, AS CONTAINED IN
6 THE LAND DEVELOPMENT REGULATIONS, BY
7 CREATING SUBSECTION 8.G. TO SECTION 8,
8 REVIEW STANDARDS; TO ADDRESS THE
9 REQUIREMENT OF UNITY OF TITLE AS A
10 CONDITION OF APPROVAL OF A SITE PLAN;
11 PROVIDING FOR CONFLICTS, SEVERABILITY,
12 CODIFICATION AND AN EFFECTIVE DATE.
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14 WHEREAS, the City's practice has traditionally recommended that Unity of Title be
15 required as a condition of a site plan approval for a development project with multiple parcels
16 and/or components, such as mixed use development projects; and
17 WHEREAS, the City's purpose of recommending a Unity of Title is to insure that the
18 entire project gets developed by preventing the sale of individual components resulting in a
19 truncated project that fails to conform with the approved site plan and/or is owned and
20 operated by different parties in a manner inconsistent with the initial project's objectives; and
21 WHEREAS, the City's staff has recognized that the requirement of Unity of Title may
22 limit the flexibility on certain projects that may require or benefit from different types of
23 developers owning or operating its various components; and
24 WHEREAS, the City Commission, upon recommendation of the City's staff, deems it
25 appropriate and in the best interests of the citizens and residents of the City of Boynton Beach,
26 to amend the Land Development Regulations of the City of Boynton Beach to provide for the
27 requirement of Unity of Title and, in matters where Unity of Title is a condition of a site plan
28 approval, to provide prerequisites which will allow such condition to be released.
29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing whereas clauses are true and correct and incorporated
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Section 2.
Chapter 4, Site Plan Review, of the Land Development Regulations of
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the City of Boynton Beach Code of Ordinances is hereby amended to create a subsection 8.G.
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to Section 8 as follows:
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CHAPTER 4
SITE PLAN REVIEW
* * *
Sec. 8.
Review Standards.
The following standards shall be utilized by the planning and zoning
department and all other applicable departments for review and evaluation of all
required plans and exhibits.
* * *
G. The planning and zoning department and/or all other applicable departments
may recommend as a condition of approval of a site plan for a development with multiple
parcels and/or components, that a Unity of Title among the parcels and/or components be
required. However, in cases where Unity of Title is a condition of site plan approval, this
condition may be released under the following conditions:
1. If the property is not owned by a single owner/entity +the project as a
whole, including its various components, is administered by a property owner's
association with fee reserves for property maintenance of at least ei;}lteon six (1..&6)
months.-;- For the purposes of this section, the term "reserves" means:
a. Unless and to the extent that these fees are not provided by
other associations, Aan account shall-te be maintained by the Property Owner's
Association (POA), separate and apart from the POA's general operating
account, for capital expenditures and deferred maintenance. The reserve
account shall include, but is not limited to the amount necessary for routine
maintenance of the common areas, and shall include but is not limited to
building/structure painting, landscaping maintenance, storm water
infrastructure maintenance, and pavement resurfacing, regardless of the amount
of deferred maintenance expense or replacement cost.
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b. The amount to be reserved shall be computed by means of a
formula which is based upon estimated remaining useful life and estimated
replacement cost or deferred maintenance expense of each reserve item. The
POA shall adiust replacement reserve assessments annually to take into
account any changes in estimates or extension of the useful life of a reserve
item caused by deferred maintenance. Reserve funds and any interest accruing
thereon shall remain in the reserve account or accounts, and shall be used only
for authorized reserve expenditures.
c. The POA shall provide the City with a copy of the Annual POA
finance report for a period of one (1) year from the date of issue of the last
Certificate of Occupancy (CO.) for any structurelbuilding on the proiect.
2. The owners of the various components have has executed perpetual
cross access and shared parking agreement~ to the extent required by the approved site
plan.
3. A sign program approved by the City is in place that regulates all
proiect signage in conformance with the City's Land Development Regulations and is
applicable to all components of the proiect; and
4. The owners have agreed to the continued calculation of overall proiect
density based on the entire proiect despite the creation of individual parcels with
multiple owners.
Section 3.
Each and every other provision of said chapter, not herein specifically
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amended, shall remain in full force and effect as originally adopted.
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Section 4.
All ordinances or parts of ordinance in conflict herewith be and the
31 same are hereby repealed.
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Section 5.
Should any section or provision of this Ordinance or portion hereof be
33 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
34 remainder of this Ordinance.
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Section 6.
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately.
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Section 7.
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FIRST READING this a day of OCroi3ER..., 2007.
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SECOND, FINAL READING AND PASSAGE this ~ day of OcroBE~ 2007.
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20 ATTEST:
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CITY OF BOYNTON BEACH, FLORIDA
Commissioner - Carl McKoy
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