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O96-52LDR, .Chp Rev. ORDINANCE NO. O96-,,~,~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 2.5, "PLANNED UNIT DEVELOPMENTS"OF THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 11, "PRELIMINARY AND FINAL DEVELOPMENT PLANS"; AND BY AMENDING SECTION 12. "CHANGES IN PLANS"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, it has come to the attention of the City Commission of the City of Boynton Beach that some clarification is required regarding certain Sections and Articles in the recently adopted Land Development Regulations; and WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach to amend these Land Development Regulations; NOW, THEREFORE BE IT RESOVLED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Chapter 2.5, Section 11. Preliminary and final development 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 11. Preliminary and final development plans. Plans for development of land zoned to PUD shall be processed in accordance with procedures established in the city sul~A~4eR Land Development ~__Regulations. The same information and date shall be in substantial compliance with the site development plan submitted as a part of the application for zoning to PUD. In addition to the requirements of the city ~ Land Development regulations; determined to be applicable, the following information shall be !-5 96 LDRmt Rev. ' provided: Section 2. That Chapter 2.5, Section 12. 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. "'~-, .... ;" "'°"~ Plan modification. ~ ......... ZOP,,' ~h~, ~h~ll ~ ~r~~ mo ;~r ~ ~., ~l;~m+;~ ;~r DI I~ ~;~ The Master plans approved during the process of rezoninfl to PUD may be considered for modification upon application to the director of planning and zoning, submission of acceptable documentation, and payment of the master plan modification fee. The modification will be first reviewed by the planning and zoning department to determine whether the modification is consistent with not only all current regulations but also the intent and purpose of the comprehensive plan; and to determine whether the change is substantial. Upon completion of the administrative review, findings will be forwarded to the planning and development board which will review all submitted documents as well as staff comments with all the authority, functions, powers and duties vested .in it by Chapter 1.5, Article I, Section 4 of the Land Development Regulations. The planning and development board shall recommend to the City Commission that they approve the modification unconditionally, approve thn modification with conditions and/or recommendations, or deny the modification. .The board shall also recommend to the City Commission that the modification bn considered either major or minor. Upon completion of the planning and development board review, findings will be forwarded to the City Commission. The City Commission will first determino whether the modification is maior or minor. If the Commission finds the modification to be major, the request will be returned to the applicant for processing as a new LDR. Chp Rev. 10~ zoning application. The determination of what constitutes a substantial chanRP, shall be at the sole discretion of the Commission. If the Commission determines that the modification is minor, it will review all submitted documents as well as staff comments and planning and development board recommendations. The City Commission may then approve the minor modification unconditionally, approve the minor modification with conditions, or deny the minor modification. Non-substantial (minor) modifications will not extend time limitations for development of property as stipulated in LDR Chapter 2, Section 9, paragraph C13. Section 3. That each and every other Section of Chapter 2.5 not herein specifically amended shall remain in full force and effect as previously enacted. FIRST READING this ~ day of November, 1996. SECOND, FINAL READING AND PASSAGE this ,~=~/ day of January, 1997. ATTEST: 'Cit~Clerk ,,,,"?~ ~ ?',,,~ CITY OF BOYNTON BEACH, FLORIDA /~mi~sioner