O96-50ORDINANCE NO. O96-,,~',~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 1.5, OF THE LAND DEVELOPMENT
REGULATIONS, BY AMENDING ARTICLE V,
SECTION 5, "MINIMUM LEVELS OF SERVICE
ADOPTED FOR PUBLIC FACILITIES."; AMENDING
SECTION 8. "ADMINISTRATION OF ARTICLE";
AMENDING SECTION 11. "CONCURRENCY REVIEW
BOARD"; AMENDING SECTION 12. "APPEALS FOR
CERTIFICATION OF CONCURRENCY, CONDITIONAL
CERTIFICATION OF CONCURRENCY, AND TIME
EXTENSIONS TO CERTIFICATIONS" BY DELETING
THE SAME IN ITS ENTIRETY, AND RESERVING
SECTION 12; AMENDING SECTION 13 "APPEALS
FOR EXEMPTION AND TIME EXTENSIONS TO
EXEMPTIONS" BY DELETING THE SAME IN ITS
ENTIRETY AND RESERVING SECTION 13;
AMENDING SECTION 15 "LIBERAL CONSTRUCTION,
SEVERABILITY AND PENALTIES" BY DELETING
SAID SECTION IN ITS ENTIRETY AND RESERVING
SAID SECTION 15; 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 ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
LDR1.5.Rev.
10/31/96
Section 1. That Chapter 1.5, Article VI, Section 5. Minimum levels of
service adopted for public facilities 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 5. Minimum levels of service adopted for public facilities.
The following levels of service are hereby adopted and shall be utilized in the
administration and enforcement of this article. Where a conflict occurs between the levels of
service set forth in this article and those which are set forth in the city's comprehensive plan,
the levels of service in the comprehensive plan shall supersede those which are set forth in this
article.
The method for calculating the capacity of public facilities, populations, levels of
service, and all other numbers or ratios related to levels of service shall be that which is
utilized in the comprehensive plan support documents, except where these methods have been
refined in this section and in accordance with Section 7 of this article, or an appeal is ~anted
in accordance with Secticn !2 cftk~s a.~clc. Chapter 1. Article VII, Section 2.
Section 2. That Chapter 1.5, Article VI, Section 8. Administration of article.
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:
The city's eag/aeefi~ development department shall review all applications
for development orders and permits described in Section 9.D. 1 for compliance
with the requirements of Sections 5 and 6, for the purpose of determining
whether the adopted levels of service for drainage facilities would be
maintained. The ~ development department shall transmit its
findings and necessary conditions of approval to the planning director.
Section 3. That Chapter 1.5, Article VI, Section 11 Concurrency review
board, 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:
LDR1,5. Rev.
10/31/96 2
The concurrency review board shall review each appeal with respect to the
criteria set forth in Section 11.D, and shall forward its recommendation as
well as the vote of each of its members to the planning and development
board, and shall notify city manager of its recommendations. Any action by
the concurrency review board may be
,,,..o.,.~.;aa"~a,,,. to ..,.u .... .,~ been ~-+~d. appealed as outlined in Chapter 1, Article
~v'II, Section 2.
Duties.
1_. Hear and decide appeals of administrative decisions or determination.q
denying certificate of concurrency and/or a conditional certificate of
concurrency.
2_. Hear and decide appeals for time extensions to a certificate of
concurrency or conditional certificate of concurrency.
3_. Hear and decide appeals when a determination is made that a
particular development order or permit is not exempt from
concurrency requirements.
LDR1.5.Rev.
10/31196 3
Section4. That chapter 1.5, Article VI, Section 12, ApPeals for
Certification of Concurrency, Conditional Certification of Concurrency, and Time
Extensions to Certifications, is deleted in its entirety, reserving said Section 12.
That Chapter 1.5, Article VI, Section 13. Appeals for exemption and time extension
to exemptions, is deleted in its entirety, reserving said Section 13.
Section 5. That Chapter 1.5, Article VI, Section 15. Liberal construction,
severability and penalties, is deleted in its entirety, reserving said Section 15.
FIRST READING this /~ day of November, 1996.
SECOND, FINAL READING AND PASSAGE this c~/ day of Janaury, 1997.
ATTEST:
Cit~Clerk
,\\~,HIUIIIIi/ ,
.~.,x.% 0N
,--"',~,' ..... -~o '~
Mayor
Vice MaVor /
C6mmissioner
Commissioner
C~missioner
/
4