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O86-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 19, PLANNING AND DEVELOPMENT GENERALLY, ARTICLE I. IN GENERAL, SECTION 19-7.COMPREHENSIVE PLAN ADOPTED. OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA TO AMEND ~{E TITLE THEREOF; TO RENUMBER THE EXISTING PROVISION; AND TO ADD PROVISIONS CONCERNING THE CONSISTENCY OF DEVELOPMENT AND DEVELOPMENT REGULATIONS WITH THE COMPREHENSIVE PLAN, AMENDMENTS TO THE FUTURE LAND USE MAP, A~NDMENTS WHICH CHANGE PERMITTED USES OF LAND, AND PROVIDING A GENERAL PROCEDURE FOR AMENDMENTS AND ADOPTION OF THE COMPREHENSIVE PLAN OR EVALUATION AND APPRAISAL REPORT; BY AMENDING APPENDIX A-ZONING, SECTION 9. ADMINIS- TRATION AND ENFORCEMENT, SUBSECTION C. DISTRICT BOUNDARY CHANGES (REZONING). BE DELETING THE EXISTING CODE PROVISIONS IN THEIR ENTIRETY AND BY RE-TITLING SAID SECTION AS COMPREHENSIVE PLAN AMENDMENTS; REZONINGS; BY PROVIDING FOR THE INTENT OF SAID SECTION; PROVIDING GENERAL PROCEDURES; PROVIDING FOR THE INITIATION OF AMENDMENTS; PROVIDING FOR MATERIALS TO BE SUBMITTED WITH APPLICATIONS; SETTING FORTH FILING FEES; PROVIDING FOR PROCESSING BY THE PLANNING DEPARTMENT; PROVIDING FOR A REPORT AND RECOMMENDATION BY THE PLANNING DEPARTMENT~; PROVIDING FOR ACTION BY THE PLANNING AND ZONING BOARD; PROVIDING FOR ACTION BY THE CITY COUNCIL; PROVIDING A LIMITATION ON FURTHER CONSIDERATION; PROVIDING A LIMITATION ON CHANGES TO THE APPLICATION AFTER THE SAME HAS BEEN SUbmITTED; PROVIDING FOR TIME LIMITATIONS FOR THE DEVELOPMENT OF THE PROPERTY; PROVIDING FOR MODIFICATION TO !MASTER PLANS OF PLANNED ZONING DISTRICTS AND MODIFICATIONS TO CONDITIONS OF ZONING; PROVIDING FOR THE MAINTENANCE OF RECORDS OF ALL REQUIREMENTS AND LIMITATIONS IMPOSED AT THE TI~E OF ZONING OR REZONING; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 19 PLANNING AND DEVELOPMENT GENERALLY, ARTICLE I. IN GENERAL SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF APPENDIX A-ZONING SECTION 9. ADMINIST~RATION AND ENFORCEMENT SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE~AN~LAN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA; Section 1: Chapter 19 PLANNING AND DEVELOPMENT GENERALLY, Article I. In General, Section 19-7. Comprehensive Plan adopted, of the Code of Ordinance of the City of Boynton Beach, Florida, is hereby amended to read as follows: Section 19-7. Comprehensive plan ~s~ee~ Adoption and amendment. (a) C0mprehenmive plan adopted. Pursuant to the "Local Government Comprehensive Planning Act of 1975", Florida Statutes, Section 163~3161 et seq., the city council hereby declares its intent to exercise its authority to plan for the area in its jurisdiction as granted by the act and adopts a comprehensive plan which is attached hereto and hereby incorporate by reference. (b) Consistency of development and development regula- tions ~i~h.comprehensive plan. Ail development within the city, and all land development orders issued and land development regu- lations adoped within the City shall be consistent with the adopted comprehensive plan. In all cases of conflict between the comprehensive plan and land developmen~ orders or regulatinns, the comprehensive plan shall supercede the land development order or regulations. (c) Amendments to the future land use map. Ail amend- ments to the future land use map which would require a subsequent amendment to the official zoning map, shall not be submitted unless accompanied by an application for rezoning to the appro- priate zoning district. This requirement shall not apply, howeve where amendments to the future land use map occur in conjunction with the adoption of the comprehensive plan in its entirety, adoption of a plan element in its entirety, or adoption of a comprehensive plan evaluation and appraisal report. The procedur for amendments to the future land use map shall be that which is set forth in Section 9.C.2.a. of the zoning regulations and paragraph (e) below, except that where such amendment occurs in conjunction with the adoption of the comprehensive plan in its entirety, a plan element in its entirety, or the adoption of a comprehensive plan evaluation and appraisal report, only~the requirements of paragraph (e) below shall apply. (d) Amendments which change permitted uses of land. Ail amendments to the comprehensive plan which would change the permitted uses of land shall not be submitted unless accompanied by a proposed amendment to 'the zoning regulations or other appropriate land development regulations. This requirement shall not apply, however, where such comprehensive plan amendments woul occur in conjunction with the adoption of the comprehensive plan in its entirety, adoption of a plan element it its entirety, or adoption of a comprehensive plan evaluation and appra~lsal report. For all amendments which change the permitted uses of land, the procedure set forth in paragraph (e) and applicable sections of Florida Statutes below ~hal.1 be followed, as well as the procedur~ for ordinance adoption generally. (e) General procedure for amendments, including amendments to text, adoption of entire comprehensive plan or plan element, or adoption of evaluation and appraisal report. The procedures and standards for all comprehensive plan amendments, including amendments to the text of the comprehensive plan, adoption of the plan or plan element in its entirety, or adoption of an evaluation and appraisal report, shall conform to the applicable procedures and standards set forth in Florida Statutes for such amendments, and the procedure set forth in qhe City of Boynton BeaCh Code of Ordinances for ordinance adoption generally For amendments other than adoption of ~he comprehensive plan or plan element in its entirety, or adoption o~ an evaluation and appraisal report, the Planning Depa.rtment shal% review the pKoposed amendment for consistencM with the remainder of the comprehensive .Plan. Proposed amendments to the text of the comprehensive plan shall be accomp, anied ~y .supporting materials as requ~r~.d by the Planning Director. Ail proposed amendments, ~f any nature, shall then be reviewed by the Planning and Zoning Board for internal consistency in the case of an evaluation and appraisal report or revised comprehensive plan, or consistency with the remainder of the comprehensive plan in the case of all other plan amendments or revised plan elements. The Planning and Zoning Board shall hold a public hearing, and after the conclusion of qhe hearing, transmit a recommendation to the City Council to either approve, approve with modifications, or dis- approve the proposed amendment. The recommendation of the Plannin~ and Zoning Board shall include findings as to the consistency of the proposed plan element or plan amendment with the remainder of the comprehensive plan, or the internal consis- tencz of the proposed comprehensive plan or evaluation and appraisal report. Subsequent to the Planning and Zoning Board recommendati¢ the City Council shall evaluate the proposed amendment for internal consistency in the case of an evaluation and appraisal report or revised comprehensive Plan or consistency with the remainder of ~he comprehensive plan in the case of all other plan amendments or revised plan elements. City Council shall hold a public hearing, and after conclusion of the public hearing, vote to either approve~ approve with modifications, or disapprove the proposed amendment. If the City Council votes to approve the proposed amendment, th~n the Ci. ty Counqil ~hall ~nstruct the City Attorney to prepare an ordinance to amend the comprehensive plan. The City Council shall also instruct the City Planner to transmit a copy of the proposed amendment to the staqe land planning agency, consistent with the applicable requirements of Florida Statutes. Final action on the proposed amendment shall take place only after review and approval of the proposed amendment by the state, consistent with the Local Government Comprehensive Planning and Land Development Regulation Act, and shall take place only upon adoption of an ordinance to amend the comprehensive plan. The action by the City Council shal[ include findings as to the consisten.qy of the plan element or amendment with the remainder of the comprehensive plan, or the internal consistency of the revised comprehensive plan or evaluation and appraisal report. Section 2: Appendix A-Zoning, Section 9. Administration and enforcement, C. District Boundary Changes (Rezoning) of the Code of Ordinances, City of Boynton Beach, Florida is hereby amended to read as follows: Mv-B~S~R~M~-BSWNBAR¥-~HANSM$-~REB~NING)= Every-apptication-for-rez~ning-inv~tving-ehanges-im-d~s~ie~- boundarie~-~hatt-be-ac~ompan~ed-~y-a-fee-ef-~h~ee-h~m~e~-{$~=~ mhd-shall-include-the-following= ir--A-mtatement-ef-the-appti¢an~zs-~m~e~esa-~m-~he preperty.-te-be-~ezenedT-imte~d~mg-a-eepy-ef-~he {as~-reeerded-Wa~an~y-Deedv-am~ te-t~e-~e~em&mg-pe{f{&ea~-by-att-ew~e~s-ef- e~ 4. ewae~ x - e~- w~ i~ ~ea- eels ea~- ~ f- ~he- ~wne~ 7 - o~ e~-tf-a-ee~pe~a~em-e~-e~he~-~s~ness-ent~tyv-The mame-ef-~e-effiee~-e~-pe~s~n-~espons~5te-~or-th~ app~iea~iea-aa~-w~i~ea-p~s~f-that-sa~d-represen a~iwe-~as-~e-~elega~e~-a~th~r~ty-to-represent ~e-e~ps~aRiea-e~-s~he~-~n.sfness-entftyr-or-fn 2 .... A-~a~ifis~-be~amy-$~e~eh-by-a-s~eyer -re~fstere, -t-~-~~t- -t~t-~ ~ -~ -~er-e r ~f- -t~ ~~t- ~r~ ~ -r~r~ -~ -t~ -~~ ~~i~ ~ ~ ~f-f-i~t-~t~-i~ ~ -~ ~l-i~-'~ ~1~ ~i~ -1-i~- -i~ ~1~ ~ ~~.- - ~-i~-i~-i~ ~1-1- ~ ~i~ ~ ~1-1- ~- - -T~ ~1~3 ~ -1~~ ~ ~i~ <~ -l~i~ ~-De~e~pme~ ~-~epe~e~-ew~e~ship-a~-fe~m-ef-~§a~za~ion-~o ma~ai~-eemmem-am~-ep~m-spa~-£a¢i%i~ias. ~?-Q~ie~a~-se~-eeRsewwa~ieB-$e~viee-$ei~-e~assi~- iea~ieR-~y-sei~-asseeia~ieBs-aR~-a~ea$-s~es~-~ ~m~R~a~iem-am~-high-g~e~m~-wa~e~-~eve~s~ 6=--Amy-ef-~he-fet~ewimg-as-~eg~i~e~-~y-~he-ptammimg-am~ memimg-~ea~-am~e~-~he-ei~y-ee~meit, a=-A-w~i~em-eemmi~mem~-~e-~he-p~evisiems-ef-alt- meeessa~y-faei~i~ies-am~-sys~ems-fe~-s~e~m 4~aimage?-wa~e~-s~pptyT-sewage-~.~ea~mem~7-set~ was~e-~ispesatr-~i~e-p~e~ee~iem~-~ee~ea~emat-am~ pa~k-a~eas~-sehoot-si~esr-an~-o~he~-pub~ie mem~$-as-may-be-~eguiweg~ ~.-A-~awi~§-~-p~p~se~-~emei~g~-ssmeemiRg-am~ e~-gmis~im~,am~-pmepese~-~a4e-eteva~iems= f=-Aeea~ism-~-wss~e~-a~eas-am~-e~is~img-8~-p~epese~ wa~e~-~e~ies= ~=-~Uae~e-~e-appA~eam~-wis~es-~e-~e~eAep-~e-p~e}ee~. ~m-ims~emem~a~-s~&gesr-a-si~e-pAam-im~iea~img ~=--~he-~eeemmemda~en-ef-~he-ptammfag-amd-men~mg-~ea~d- amd-~he-app~eYa½-~y-ei~y-ee~me~t-shatt-§eeeme-m~tl amd-ve~d-~m-~he-evem~-~he-app½~eam~v-h~s-he~s-e~- aes~gms~-a~amdems-e~-devia~es-f~em-~he-p~e~is~em~-e~ eemdi~ems-as-app~evedv-e~-fa~s-~e-f~½e-~he-ff~s~ pta~v-wi~h'im-~we~¥e-~)-mem~hs-e~-wi~im-amy- ex~ems~em-a~he~imed= 8=--Wpem-gemiat-ef-am-applieaeiem-fe~-~ememimgv-~m-w~ele e~-im-pa~v-a-pe~ieg-ef.~wetYe-<lR)-me~hs-m~s~ elapse-~efe~e-~he-applieaaie~-may-§e-~efileg= C~ Comprehensive Plan Amendments; Rezonings. 1. Intent. These zoning regulations may from time to time be amended, supplemented, or repealed. It is the intent of of this subsection that the Planning and Zoning Board serve as an advisory body~to fhe City Cohncil with respect to such amendments, in the manner heceinset forth. Ail proposed amendments shall be evaluated by the Planning Department, Planning and Zoning Board, and City Council for consistency with the comprehensive plan and shall not be approved unless found to be consistent with the comprehensive plan. It is also the intent of this subsection that all rezoning shall be in accordance with and serve to implement the Local Government ComprehenSive Planning and Land Development Regulation Act. It is intended that the applicant for a rezoning provide information which is sufficient to determine whether the proposed rezoning is consistent with the comprehensive plan. It i further the intent of this subsection that, pursuant to sections 163.3194,'163.3197, 163.3201, and 163.3202, Florida Statutes, the materials submitted by the applicant may be imposed by the City ~Council aS requirements or limitations with regard to subsequent development of the property, and that the City Council may impose any other requirements or limitations, in order to insure that development of the property is consistent with the comprehensive plan, and ensure that impacts created by the development are mitigated. This subsection shall apply to all rezoning applicatio and all revised master plans in the case of planned zoning districl which are submitted after the effective date of the ordinance containing this subsection. 2. General procedures. a. Applications for amendments to the offic~l zonin~ map shall follow the procedure set forth in paragraphs 3 through 15 below, with the following exceptions: (1) Where an ordinance to rezone is initiated the City pursuant to adoption of the comprehensive plan in its entirety, an entire plan element, or an evaluation and appraisal report the following exceptions shall apply: (a) Where the ordinance to rezone would cover a total area exceeding five (5) percent o~ the area of the City, only the requiremenl set forth in paragraphs 3., 4.a.(4), 4.a.(5), 4. a.(6), 6., 8.a., 9., 10., 12., 14., and 15. shall apply; hOwever, where] the ordinanCe to rezone mhQnld cover a total the j area exceeding five (5) percent of area of the City and is accomplished through the adoption of a new official zoning m~p. the requirements of paragraphs 4.a.(4), 4.a.(5) and 4.a.(6) shall not apply. (b) Where the ordinance to rezone would cover a total area which is equal to or less than five (5) percent of the area of the City, only the requirements set forth in paragraphs 3, 4.a.(4), 4.a.(5), 4.a.(6), 4.e., 4.f., 6., 8., 9., 10., 12., 14., and 15. (2) The requirements contained in paragraph 7. below shall not apply for rezonings which do not require an amendment to the future land use map and where the subject parcel is unplatted, and shall no~ apply where rezoning is requested in conjunction with an application for annexation, and the rezonin would be consistent with the Palm Beach County comprehensive plan, or where the proposed zoning would be consistent with zoning or land use recom- mendations contained in the City of Boynton Beach comprehensive plan for the subject parcel. Ail annexation app~.ications shall, however, be reviewe~ b~ the Plan~in.g DePartment with respect to the annexation policies contained in the comprehensive plan. Where a rezoning application would occur pursuant to an amendment to the future land use map, the two applications shall processed simultaneously as a single application, except where provided for otherwise by Section 19-7 (c) of the City of Boynton Beach Code of Ordinances. The procedures set forth in this para- graph shall also apply for applications to amend the future land use plan, except where such amendments would be included as part of the adoption of the comprehensive plan on a plan in its entiretTM or the adoption of an evaluation and appraisal report. Therefore, "rezoning" shall be construed to include "future land use map amendment" in this subsection, unless a specific distinction is made between the two terms. b. For amendments which would change the type of uses allowed within particular zoning districts or land use categories, or would otherwise change the permitted uses of land, where such amendments would occur pursuant to an amendment to the comprehens plan, the two amendments shall occur simultaneous]v~ ~xc~pt wb~r~ provided for otherwise by Section 19-7 (4) of the City of Boynton Beach Code of Ordinance. c. The procedure for amending all other provisions con- tained in the zoning regulations shall be the .same as the procedur, for ordinance adoption generally., as set forth in Florida Statutes and the City of Boynton Beach Code of Ordinances. o Initiation of amendments. Amendments to the zoning regulations shall be initiated onl~ by the City Council, the Planning and Zoning Board, or by the petition of the owners of fifty-one (51-) percent or more of the area involved in the proposed amendment. 4. Mmterials to be submitted with applications. The following materials shall be submitted, in the number of copies specified by the Planning Director: a. An application, on the forms provided by the Planning Department. Such application shall include, at a minimum, the following information: (1) The name.~ address, and phone number of all owners, applicants, and agents. (2) A statement of the applicant's interest in the development of the property. (3) Intended use of the site. (4) Existing zonin~district and propos ed zoning districl (5) Existing category shOwn on the future land use map, and proposed category. (6) Legal description of property which is the subject of the application. (7) Street address or location of the subject parcel. (8) Area of the subject parcel, to the nearest hundredth (1/10,0) of an acre. b. A copy of the 'last recorded warranty deed. c. The following documents and letters of consent: (1) If the property is under joint or several ownership A written consent to the application by all owners of record, and (2) If the applicant is a contract purchaser: A copy of the pu. rchase contract and written consent of the owner and seller, and (3) if the applicant is represented by an authorized agent: A copy of the agency agreement, or written consent of the applicant, and (4) If~.~the applicant is a lessee: A copy of the lease agreement, and the written consent of the owner, (5) If the applicant is a corporation or other busines entity: The name of the offic~ or person responsib] for the application, and written proof that said person has the delegated authority to represent the corporation or other business entity, or in lieu eo thereof, written proof that. he is in fact an offiger of the corporation. A sealed boundary survey of the subject parcel by surveyor registered in the State of Florida, dated not more than six (6) months prior to the date of submission of the application, at a scale prescr~ by the Planning Department, and containing the following information: (1) An accurate legal ~description of the subject parcel. (2) A computation of the total acreage of the subject parcel to the nearest hundredth (1/%90) of an acre. (3) A tree survey, which conforms to the req of the City of Boynton Beach Tree Preservation Ordinance. This requirement may be waived by, the Planning Director where found to be unrelat~ to the land use or zoning issues involved with the application. A complete certified list of ~11 property owners, mailing addresses, and legal .escriptions for all properties within at least four hundred (WOO)feet of the subject parcel as recorded in the latest official tax rolls in the c0.unty court house shall be furnished by the applicant. Mailing labels or addressed envelopes, and postage shall also be provided. S~id list shall be accompanied by an affidavit stating that to the best of the applicant knowledge said list is complete and accurate. f. A copy of the Palm Beach County Property Appraiser maps showing all of '~the properties referred to in paragraph e. above, and their releation to the subject parcel. A s~atement by the applicant justifying the zoning requested, including reasons why the property is unsuitable for development under the existing zoning ~ 'and more suitable for development under the Iproposed z__onzng. A comparison of the ~mpacts that would be created.by development under the P.r0,posed zoning, with the impac that would be created by developnmnt under the exist- ing zoning, which shall include: (1) A c.omParison of the potential square footage or number and t~pe of dwelling units under the existing zoning' with that which would be allowed under the proposed zoning or development. A statement of the uses that would be allowed in the proposed zoning or development, and any particular uses that would be excluded. (.~3) Proposed timing_and phasing of the development. (_4). Applications for rezonin, g to commercial or industrial zonin~g districts which exceed one (1) acre in area shall, providem projections for the number of em~p[1.o_~ees. An estimate of the nUmber of employees shall not be required, however, for a_pplications which are initiated by the_City. (5), A comparison of traffic which would.,.be generated under the propqsed zoning o..r devel~ment,~with the traffic that would be generated under the current zoning; also, an analysis of traffic movements at the intersections of rs .that would serve the prgperty, and surroundin ro and improvement that would be necessarM .to accomodate such traffic movements. For p_~.o~p_9~e_Jd develoPmen~ts wh~ich would._~enerate three-thousand (3,00.0)__vehicle '~riPs~P~e~ d~ay~ or more, or two- hundred fif~y_ (25~0) or more single-directional vehicle trips within a one (1) hour period, a traffic impact analysis shall be requi,red. Said traffic impact analysis shall inc!ud__e, pro~cted trip generation for thee developmen~t~fo_p~__al~l major roadways and intersections within one and one-half (1.5) miles of the subject parcel, as well as traffic that would utilize local streets through residential zoning districts. Said traffic impact analysis shall compare traffic levels between the existing zoning and the proposed zoning or development of the subject parcel, and shall take into consideration all development that would be possible under the current zoning within the City, adjacent cities, and within the unincorporated area of Palm Beach County within a radius of five (5) miles. For those parcels lying in the unincorporated area of Palm Beach County, which are not currently zoned for urban land uses, the potential land uses according to the Palm Beach County compre- hensive plan shall be used. Where said parcels are shown on the Palm Beach County comprehensive plan under residential land use categories, the midpoint of the density range shown on County comprehensive plan shall be used. Where a count~- wide study of traffic generation at build-out ha~ been adopted or is utilized by Palm Beach County,~ the levels of traffic that are projected by said study shall in all cases be used to project back- ground traffic in the traffic impact analysis submitted by the applicant. The format and standards used in the traffic impact analysis shall be the same as those which are required by Palm Beach County, with the exception of the requirements listed above. Such traffic impact analysis shall include recommendations for the mitigation of traffic impacts, consistent with the standards which have been adopted by or are .u~ilized by Palm Beach County. 13. (6) (7) (8) For parcels-larger than one (1) acre, a compari- / son of the water demand ~or development under / the proposed zoning or d~velopment with water demand under the existin, zoning. Water demand shall be estimated using the standards adopted by the Palm Beach County Health Department for estimatinq such demand, are justified by a regis~ ment to the provision oJ improvements to the watE system shall also be inc~.uded, where existing facilities would be inadE ment under the proposed For parcels larger than son of sewage flows that the proposed zonlnq or dE would be generated under Sewage flows shall be esi ards adopted by the Palm Department for estimatinc different standards are Lnless different standard ~red engineer. Commit- 'uate to serve develop- ~Dning. ,ne (1) acre, a compari- ~outd be generated unde] Ivei~ent with that whi¢ the existi~q ~.oning. imated using the stand- Beach County Health such flows, unless ustified by a registere( engineer.. Commitment to the provision of improvements to the sewa( shall also be included, facilities would be inad( ment under the proposed collection system ~ere the existing ~uate to serve develop- oning. For proposed residential developments larger thaz one (1) acre, a comparis¢ population under the: pro! ment with the projected existing zoning. PoPula~ n of .the projected )osed zoning or develop- opulation under the :ion projections accord- ing to age groups shall be required, Wher~ dwellinqs, or 50 sleepin~ group housing, would' be zoning. for t]~e proposed development more than fifty (50) [rooms in the case of ~llowed under the propos~ 14. (9) At the request of the Planning Department, Planning and Zoning Board, or City Council, the applicant shall also submit proposals for mini- mizing land use conflicts with surrounding properties. The applicant shall provide a summary of the nuisances and hazards associated with development under the proposed zoning, as well as proposals for mitigation of nuisances and hazards. Such summary shall also include, where applicable, exclusion of particular uses, limitations on hours of operation, proposed location of loading areas, dumpsters, and mechanical equipment, location of driveways and service entrance, and specifications for site lighting. Nuisances and hazards shall be abated or mitigated so as to conform to the performance standards contained in the City's zoning regula- tions and the standards contained in the City's noise control ordinance.~ Also, statements con- cerning the.height, orientation, and bulk of structures, setbacks from property lines, and measures for screening and bUffering the propose~ development shall be provided. At the request of the Planning and Zoning Board or City Council, the applicant shall also state the type of con- struction and architectural styles that will be employed in the proposed development. (10.) At the request of the Planning Department, Planning and Zoning Board, or City Council, the applicant shall also submit the following infor- mation: (a) Official soil conservation service classifica tion by soil associations and all areas subject to inundation and high ground water levels. (b) Existing and proposed grade elevations. (c) Existing or proposed water bodies. 15. (d) Form of ownership and form of organization to maintain commom spaces and recreational facilities. (e) A written commitment to the provision of all necessary facilities for storm drainage, water supply, sewage collection and treatmen~ solid waste disposal, hazardous waste dis fire protection, easements or rights-of-way, roadways, recreation and park areas, school Sites, and other public improvements or dedications as may be required. (11) ?or Rezonings to planned zoning districts, the specific requirements for submission of applicati¢ for rezoning to such districts shal.t also be satisfied. Furthermore, all materials required 5. Fees. according to the fee sched~ is submitted, City Council by resolUtion or ordinance. 6. Processing by Pian~ing Department, The shall receive all applications, review ss for a subdivision master plan hall also be submitted. Fees shall be paid at the time theft the application completeness, and transmit copies of suc? le adopted by the Planning Departmen~ .ch applicatins for applicatins to City Clerk for public notice and/or notification of surrounding owners. The Plannir~g Department shall set a public hearing dare'before the Plarning and Zoning Board, in accordance with the schedule a~.opted by the City Council. The Planning Department or Cit} certain period~ of time during which applications must be submitted. Report and recommemdations by the Planning Department: The Planning Department shall evaluate appli¢ to the following criteria: a. Whether the prpposed rezoning would ~e consistent with Council may speci~ ations with respec~ applicable comprehensive plan policies. The Planning 16. Department shall also recommend limitations or requirements which would have to be. imposed, on subsequent.development of the ~property, in order to comply with policies containe( in the co]nprehensive plan. b Whether t~le proposed rezoning would be contrary to the establish~d land use pattern, or would create an isolated district, lnrelated to adjacent and nearby districts, or would conl~titute a grant of special privilege to an individual Property owner as contrasted with the protectior of the pu])lic welfare. c. Whether clanged or changing conditions make. ~he proposed rezoning tesirable. d. Whether tie proposed rezoning would be ~compatible with utility s,stems,, roadways, and other public facilities. e. Whether 'tie proposed rezoning would be comPatible with the cut.refit and future use of adjacent and nea. rby properties, or would Lffect the .property values of adjac.entI and'nearby propertie f. Whether ti~e property is physically and economically developabi~e under the existing zoning. g. Whether t]~e proposed rezoning is of a scale which is reasonabl, related t° the needs of th~neighborhood and the City .s a whole. h. Whether ti.ere are .adequate sites elsewhere in the City for the propo:ed use-, in districts where such use is already allowed. The Planning Department shall transmit its findings and recommendations, ~ogether withthe application and materials submitted by the ~pplicant in paragraphs g. 'and h. (1) throuqh h. (10) above to tie Planning and Zoning Board. The Planning Director may .also solicit the comments of the Technical Review Board members, ~i%h respect to consistency of the proposed zoning ~ith comprehensive plan policies and with respect to other City !policies·and code requirements, and transmit same to the Planning and Zoning Board. 17. 8. Public Notice and Notice to Surrounding Property Owners. a. Applications for rezoning and/or land use amendments shall be advertised consistent with applicable require- ments of Florida Statutes. b. Where required in Section 9.C.2.a. above~ owners of properties within four-hundred (400) feet of the subject parcel shall be notified as to the nature of the application, and the address or location of the propert~ and the time, date, and place of the initial Planning and Zoning Board and City Council hearings. Said notification shall be by regular mail and shall be marked not less than thirty (30) days prior to the hearing before the Plan~ing and Zoning Board. 9. Action by Planning and Zoning Board. The Planning and Zoning Board shall conduct a public hearing, consistent with applicable requirements of Florida Statutes. After conducting the public hearing, the Board shall rec(~mmend to the City Council either that the application be approved, approved subject to modif- ications, or denied. The Planning and Zoning Board shall base its recommendation upon findings, which may be based-on the report by the Planning Department, or may be based on the materials by the applicant. If the Pl'anning and Zoning Board votes to recommend approval of the rezoning, such findings shall include a statement that the proposed rezoning is consistent with the comprehensive plan. Where the Board recommends limitations or requirements as conditions of rezon~ng, for other than planned zoning districts, the Board shall also include a finding that such limitations and requirements are necessary for consistency with comprehensive plan. 10. Action by City Council. The City Council shall conduct a public hearing, consistent with applicable requirements of Florida Statutes. After conducting the public hearing, the City Council shall either vote to approve the application, approve the applica- tion subject to modifications, or deny the application. The City Council shall base its action on findings, which may be based on the recommendations of the Planning and Zoning Board, the report b 18. the Planning Department, or the materials submitted by the applicant. If the City Council votes to approve the rezoning, such findings shall include a statement that the proposed rezoning is consistent with the comprehensive plan. The City Council may approve any zoning district, land use category, or type and intensity of use which is the same as or less intensive than that which was requeste~ in the application, or which covers the same area or a lesser areal than was requested in the application, provided that such area doesl not extend beyond the property described in the application. The City Council shall adopt an ordinance to amend the official zoningi map and future land use map, ~in accordance with applicable require-I ments of the City of Boynton Beach Code of Ordinances and Florida Statutes. Where an amendment to the comprehensive plan is proposed in conjunction with an amendment to the zoning regulations, the procedure set forth in section 163.3184, Florida Statutes, for review of such proposed amendments by the State shall also be complied with. Where the City Council votes to impose limitations or requirements as conditions of rezoning, for other than planned~ zoning districts, the City Council shall also include finding that such limitations and requirements are necessary for consistency with the comprehensive plan. 11. Limitation on further consideration. Within'one (1) year after the date of final action by the City Council or withdrawal of the application by the applicant, no application for like or similar zoning may be submitted. Only an application which is substantially less intensive may be submitted within the time limitation specified above. For the purpose of this paragraph, "substantially less intensive" shall mean one or more of the following: A less intensive zoning district, or a change to less intensive uses: or A decrease in the maximum height of proposed structures by not less than one (1) story, where the proposed height of structur, was found to be inappropriate by the City Council; or A decrease in the area of the parcel to be rezoned, by not less than twenty-five (25) percent; or A decrease in the number of dwelling units by not less than 19. twenty-five (25) percent for proposed residential zoning districts; or A decrease in floor area of not less than twenty-five (25) percent, for proposed non-residential districts; or A decrease in traffic generated of not less than twenty-five (25) percent; or A decrease in water consumed or sewage collected of not less than twenty-five (25) percent. The City Council may impose more stringent requirements than-those listed above or impose additional requirements, for re-submission of a rezoning application within the time period sp.eci'fied.~above. 12. Limitations on changes to application, after application has been submitted. After notice of the public hearing has been published o.r notification has been mailed to surrounding property owners, .the ~apptication may~not .be modified before final adoption of the 'ordinance to rezone, so-as to include any areas outside of the parce~ .described on the original-application, increase the number 'o~-intensity of 'uses, request a more intensive zoning, increase the number or intensity of uses, request a more intensive zoning, increase the height of proposed structures, increase traffic levels on local streets through residential neighborhoods, increase the floor area or number of dwellings, or substantially increase the leVel of any measurable impact, nuisance, or hazard, compared to that which was shown in the original application. Ail such changes shall require a new application. Changes which decre~ any of the impacts listed above may be requested by the applicant, recommended by the Planning Department or Planning and Zoning Board, or required by the City Council or State of Florida, without requiring a new application. 13. Time limitation for development of property. In the event that no site plan is submitted and site plan approval only is required, or the first plat it not recorded where platting is required, or a conforming use is not established where platting or site plan approval is n~t required, within eighteen (18) months after final approval of. the rezoning by the City Council, the City 20. Council shall review the zonin~ of the property and take action as specified in paragraphs (a) or (b) below. The requirements paragraph (a) and (b) below shall also apply where site plan of approval only is required and site plan approval lapses: a. The City Council may extend the zoning of the property for r a period of one (1) yea or more, or may extend the zoning f of the property indefinitely.' I ~.deve~opment of the proper~y e d'oes not occur b~ the end of said in manner specified abov time extension,, the Cit~ extensions or may take a Council may grant additional time 't' · Lon in accordance with paragraph (b) below: The City Council may instruct the City Manager to file an application to a more restrictive zoning district and/or future land use map category. The zoning of the property shall be considered to be extended until final adoption of the more restrictive zen use category.. 14. Modification to master p modifications to conditions of Lng district and/or future land map ~ans of p!ann~d zoning districts and zoning. ae Planned zoning districts. Where such modifications are propoSed for a planned z°ning district, inc.luding any modifications to an approved master plan, the procedure to be followed shall be tha~ which is specified in those respective sections of the City of Boynton Beach Code of Ordinances. b. Modifications to requirel time of rezoning, for co Where changes are propos tations which were i~os conventional zo review and Planning and Zoning Approval of such chan that such chanqes are comprehensive plan po proposed change, and substantial so as to uents or limitations imposed at ~ventional zoning districts. ~d to the requirements and limit- ed at the time of rezon.ing in a ~t, such changes shall require by the Planning Department and and approval by the City Council shall be accompanied by a finding accord with all regulations and in effect at the time of the such changes are not sufficiently a new rezoning application. The determination of what con'stitUtes a substantial change shall be within the discre~i0n of .the City Council, however, any proposed change that Would increase the number of stories~ or that would increase the amount of water consumed, the amount of sewage collected, or the amount of traffic generated by more than ten (10 percent, or that would create commercial or industrial uses where I not established by previously approved zoning, or that would increase the area of property zoned, shall in all cases require a new zonin¢ application. 15. Record of requirements and limitations imposed at time of zoning or rezoning. The Planning Department shall keep records of all requirements and limitations imposed at the time of rezoning and shall transmit a copy of same to the applicant, and make same available for inspection by the public. Section 5: this Ordinance. Section 6: Section 3: Each and every Other provision of Chapter 19 PLANNING AND DEVELOPMENT GENERALLY, Article I. In general, not amended hereby shall remain in full force and effect as previously enacted. Section 4: Providing that each and every other provision of Appendix A-Zoning, Section 9 Administration and enforcement, shall remain in full force and effect as previously enacted. Specific authority is hereby given to codify Ail other ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7: Should any section or provision of this Ordinance or any portion hereof be declared by a court of competent juris- diction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 8: This Ordinance shall become effective immediately upon passage. 22. , 1986. day of ATTEST: CITY OF BOYNTON BEACH, FLORIDA M~A~OR COUNCIL MEMB~ ( SEAL ) 23.