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O00-53 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 ORDINANCE O~-~.~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 1, GENERAL PROVISIONS OF THE LAND DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, BY CREATING ARTICLE XI, NOTICE OF INTENT PROVIDING FOR A NOTICE OF INTENT OF PENDING LAND DEVELOPMENT REGULATIONS; PROVIDING FOR A STATEMENT OF INTENT, DEFINITIONS, RATIFICATION BY CITY COMMISSION, STATEMENT OF PURPOSE, POSTING OF NOTICE, IMPLEMENTATION OF TIME FRAME, EFFECT ON DEVELOPMENT PERMITS, REGULATIONS SUB]ECT TO NOTICE OF INTENT, AND EVIDENCE OF GENERAL COMPLIANCE; PROVIDING FOR NOTIFICATION TO THE PLANNING AND DEVELOPMENT BOARD; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach continues to review and, when deemed necessary, modify land development regulations consistent with the need to appropriately regulate development in the community in conformance with the City's adopted Comprehensive Plan and with emerging issues associated with development and redevelopment; and WHEREAS, such revisions may affect landowners, builders, developers, and similarly situated land related or building related parties in the City of Boynton Beach; and WHEREAS, while such revisions are normally required to obtain a recommendation from the Planning and Zoning Board and approval by 6 7 8 9 10 11 12 13 1~t 15 16 17 18 19 20 21 22 23 the City Commission pursuant to State law and the Land Development Code of the City of Boynton Beach, both at public meetings or hearings, interested persons are not always noticed of such proposed changes early in the process so that they have an adequate opportunity to provide input to the development of the regulatory change and adequate time to structure their development proposal to conform with the proposed regulatory changes; and WHEREAS, the City Commission believes that an improved and expanded notice requirement would benefit all interested parties; and WHEREAS, staff recommends that the "General Provisions" section of the Land Development Code of the Code of Ordinances of the City of Boynton Beach be revised to provide for a notice of intent of pending land development regulations which would provide an administrative procedure for the public and the affected parties to become aware of pending land development regulations which may effect proposed plans for development; and WHEREAS, such notice would allow affected parties the earliest opportunity to plan for the impact of new land development regulations on their projects; and WHEREAS, such notice would allow affected parties the maximum time to revise proposed developments to meet the new or emerging land development regulatory requirements; and WHEREAS, it is the intent of the City Commission that following issuance of a Notice of Intent, no application for development activity 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 shall be issued whiCh is inconsistent with the regulations under consideration. WHEREAS, the City Commission of the City of Boynton Beach has found it in the best interest of all affected parties for the administration to provide a notice of intent of pending land development regulations; now, therefore BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are'hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. That Chapter 1, General Provisions, Article XI of the Land Development Code of the Code of Ordinances of the City of Boynton Beach, is hereby created to be read as follows: Article XI. Notice of Intent of pending development regulations. A. Statement of Intent. (1) The City from time to time will propose changes to the Land Development Code of the Code of Ordinances of the City of Boynton Beach. (2) The purpose of this section is to provide an administrative procedure for the public and the development community to be notified of such changes in land development regulations which may impact proposed plans for development within the City of Boynton Beach as early in the Code revision process as possible to best ensure that affected parties do not unnecessarily expend time, money and resources on proposed development projects which will be subject to such land development regulations' revisions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (3) It is further the purpose of this section to ensure that upon the issuance of the Notice Of Intent, as hereinafter provided, no proposed land development project affected by a pending regulatory change shall be approved by any City officer, official, commission, board, agency or body, whether elected or appointed, unless said proposed land development project conforms with the pending regulatory change and/or the proposed land development project approval is conditioned on such conformance pursuant to the pending regulatory change as currently drafted or as finally approved, whichever is appropriate. B. Definitions. As used in this section. Affected parties includes persons owning property or persons owning or operating a business within the boundaries of the City of Boynton Beach whose development application or application for a permit or license is pending. Development activity means application for a master plan, site plan, rezoning, building permit, or variance. C. Not/ce of Intent Authorization/Effective Date/Ratification by City Commission. (1) At the time the City Commission authorizes, by Resolution, the investigation, study, development, drafting or consideration of a change to a land development regulation, a Notice of Intent of the pending regulatory change shall be issued. The effective date of the Notice of Intent shall be deemed to be the date of said authorization by the City Commission. (2) At the next Commission meeting following the Notice of Intent, members of the public shall have the opportunity to address the City Commission in a public hearing format relative to a filed Notice of Intent. After the public hearing the City Commission by majority vote shall either approve or disapprove the further processing of the proposed regulation which is the subject matter of the Notice of Intent. D. Statement of Purpose. 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ~0 The Notice of Intent shall include: (1) a statement of purpose; (2) a brief description of the pending regulatory change which shall include as much specificity as possible; recognizing however, that changes may occur as the pending regulation proceeds through the drafting, review, public meeting and public hearing process. The description shall include a statement of the possible effect that the pending regulation may have on development. In addition, the description shall provide an indication of the provisions of the existing code that may require modification; (3) a statement of the projected time frame for the adoption of the pending regulation; and (4) a statement of the point in the development approval process at which the pending regulation would apply. E. Post/n_q of Not~ce. (1) The Notice of Intent shall be posted in the Development Department, and in a conspicuous location in City Hall. (2) From and after the Notice of Intent, applicants for appropriate licenses, permits, and other applicable development applications, including but not limited to plats, site plans, rezonings, variances, and building permits, shall be provided written notice of the pending land development regulatory changes which may potentially affect the applicant. Applicants shall be provided written notice by mail and through the availability of notices in the Development Department, and by posting of the Notice of Intent. To the extent that affected parties have comments, they shall be afforded the opportunity to file written opinion or objections with the Development Director. (3) Neither the failure of the city to provide written notice nor the failure of an applicant for development to observe the posted notice nor the failure of the city to provide posted notice shall invalidate the applicability of this Ordinance to said applicant for development approval. 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 F. ;mplementation Time Frame (1) The pending regulatory change shall be considered by the City Commission at a public hearing within a time period prescribed by the City at the time of the filing of the Notice of Intent. (2) If additional time is required for study and deliberation due to the scope of the proposed regulatory changes or arising from procedural issues, upon a majority vote of the city commission, the time prescribed by the City in the Notice of Intent may be extended for an additional period of time approved by the City Commission upon expiration of the initial period of time stated in the Notice of Intent. 3) If no final action has been taken by the city commission within the time limits set forth herein, the Notice of Intent will expire. G. Effect on Pending or Proposed Development Perm/ts (1) A Notice of Intent shall have no effect on any application for development activity (a master plan, site plan, rezoning, variance, or building permit)pending for approval on September 19,-2000 or approved on or before September 19, 2000. (2) Except as provided in (1) above, no application for development activity (a master plan, site plan, rezoning, variance, or building permit) shall be accepted for processing by the City following the issuance of a Notice of Intent unless said application conforms with the pending regulatory change and/or the application is conditioned on such conformance pursuant to the pending regulatory change as currently drafted or as finally approved, whichever is appropriate. H. Re_qu/ations subject to Not/ce of Zntent. Pending regulations subject to the Notice of Intent include development regulations as defined by section 163.3213, Florida Statutes, as amended from time to time, and comprehensive plan amendments which are a condition precedent to land development regulatory changes. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2zt 25 26 27 ~. Evidence of ~Teneral compliance. Evidence of §eneral compliance with the procedures of this section of the Code shall be sufficient to sustain the regulation upon adoption. 1 Copies to Planninq andZon/nq Board The Planning and Zoning Board shall be provided with a copy of all Notices of Intent upon issuance. Section 3. Conflicting Ordinances All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Severability. Tf any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. Inclusion in Code. Tt is the intention of the City Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 6. Effective Date. This Ordinance shall become effective upon adoption by the City 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 Commission. FIRST READING this /¢¢ day of 2000. SECOND, FINAL READING and PASSAGE this /__~¢',¢,~6'~ ., 2000. ATTEST: (CORPC .,,,~ ~o~ S:CB~Q~ 9g%zoningi~.091~ day of Mayor Pro Tern oo~~ '0 Co~ioner