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O73-01ORDINANCE. NO. 73-1 AN ORDINANCE OF TEE CITY OF BOYNTON BEACH, FLORIDA, AJ4END/NG CHAPTER 31 OF THE CODIFIED ORDINANCES OF SAID CITY BY ADDING AN ADDITIONAL SECTION AND ESTABLISHING A TECHNICAL COMMITTEE FOR SITE PLAN REVIEW; 'i~ROVIDtNG FORAUTHORITY TO CODIFY, SAVINGS E FECTi DATE kN~ FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Boynton Beach deems it necessary and advisable to establish a Technical Committee composed of staff members of various departments of the City for the purpose of coordinating technical advice and expertise for site plan review as required to insure compliance with the Ordinances of the City and to promote and protect the health, safety, morals and general welfare of the community; now, there- fore~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: Chapter 31 of the Codified Ordinances of the City of Boynton Beach, Florida, be and is hereby amended by adding thereto an additional section to be know~ as Sec%ion 31-16ol which shall read as follows: "Section 31-16.1 Technical Committee For Site Plan Review. (1) A Technical Committee for site plan review is hereby estRblished which shall consist of the Department Head, or his designated representative, of each of the following ~ity Departments: Utilities, Fire~ Police, Planning, Parks and Recreations, and Building Departments~ (2) The Technical Committee shall review every site plan for ithe construction of any building or structure, other than single family or two-family dwellings, in order to coordinate the technical advice and expertise of the members ofi the Technical Committee to insure compliance with the various provisions and intent of the Code of Ordinances of the City, ~rior to the submission of the site plan to the Planning and Zoning Board. (3) The Technical c~mmittee shall review emch site plan to determine whether or not the site plan meets 311 of the requirements of the City's Ordinances, including but not limited to consideration of the following factors and standards, where applicable, taking into considera- tion the recommendations of any other Departments or Boards of the City when available: Types, dimensions, character, locations and patterns of streets and roadways and other facilities for ingress and egress to the property and the proposed structures there- on, if any, including such considerations as automotive and pedestrian safety and conven- ience, traffic flow and control, refuse col- lection and other maintenance services, off- street parking and loading ~reas, access for police and fire prote,ction and~for emergency rescue service, access in case of catastrophe, and all other conside~ationsrelated thereto, including consideration as to ~eonomic effects, noise, glare, fumes, odors, vibration::and other effects of the ~ropo~ed Site plan on adjacent and nearby properties and properties generally in the district'. (b) Utilities, including such considerations as hook-in locations and availability,and com- patibility of utilities for the proposed use or structure. (c) Provisions for and effects of screening and buffering of the proposed uses and structures affecting the uses and structures of adjacent and nearby properties and properties generally in the district, including but not limited to abutting residential properties. (4) In reviewing any site plan, the Technical Committee shall determine and report to the Planning and Zoning Board whether or not the site plan results in any of the following: (a) An overall increase in density of units per acre of five per cent greater than the uses and structures on adjacent and nearby pro- perties generally in the district. (b) An overall increase in land use intensity o~ original design concept greater than five per cent change. (c) The reduction of the area set:aside for community open space or the substantial relocation of such areas. (d) An overall increase of greater than five per cent in the floor area proposed for non residential use. (e) An overall increase by more than five per cent of the total ground area covered by buildings or the highest of buildings. -2- (5) Upon completion of its review, the Technical Committee shall refer to the Planning and Zoning Board the site plant together with the report of its findings and such recommendations as the Technical Committee may deem necessary for the compliance of the site plan with the various provisions and intent of the Code of Ordinances of the City of Boynton Beach, including consideration of the factors and standards set forth in Section 31-16.1 (3) of this chapter. In the event that the Technical Committee fails to make its ~eport to the Planning and'Zonin~ Board within 30 days after, re~eiving~all ~equired ~forma~0n as to the sits. plan~ ~he silte plan sha~l be deemed to have beenlapProVe~-by the~Te~hnical Committee and.~.shall~ there- upon he received by the Planning andlZoR~ng Board for its review. ~6) Upon receipt of the site Plan and the report from the Technical Committee, the Plannzng and Zoning Board shall provide for a public hearing and then make its recommenda- tion to the City Council. Such recommendation ~may include any appropriate conditions and safeguards that the Planning and Zoning Board may deem necessary for the promotion of the public health~ safety~ morals and general welfare, and shall include considerafion of whether the site plan is in compliance with the following criteria: (a) The proposed use, building or structure is in harmony with the comprehensive plan for the physical development of the City of Boynton Beach and within any precise plans adopted pursuant to the comprehensive plan. (b) The proposed use, buildilng or structume is generally compatible and in harmony with the uses and structures on adjacent and nearby properties and is appropriate in relation to the established character of other structures in the immediate area and neighboring areas. (c) The proposed use, building or structure is in conformity with the standards and intent of the Code of Ordinances of the City. (d) The economic effects of the proposed use, building or structure shall not adversely affect adjacent and nearby properties and properties generally in the district and shall not adversely affect the public interest. (e) The proposed use, building or structure shall make such provisions for the factors and stand- ards set forth in Section 31-16.1 (3) of this chapter as would promote the public health, safety~ morals and general welfare. (7) Any person, firm or corporation owning property with- in the City o~ Boynton Beach, Florida, deSirin~ to obtain a building permit for the construction of any building or t structure, other than smngle-family or two-family dwellings, shall submit to the City Planner of the City of Boynton -3- Beach a site plan, together with exterior elevations and such other data as will assist the Technical Committee iN review- iRg and evaluating the proposed use, building or structure. ~The site plan shall be drawn to scale and shall indicate the following sufficiently for consideration of visual~safety and economic factors: ~a) Dimensions and orientation of the parcel; (h) Location of buildings and structures~ both existing and proposed; (c) Location of off-street parking and loading facilities; (d) Location and dimensiDns of present and proposed street and highway dedications required to handle the traffic generated by the proposed uses; (e) Location of points of entry and exit for motor vehicles and internal circulation pattern; (f) Location of walls and fences and the indica- tion of their height and the materials of their construction; (g) Indication of exterior lighting standards and devices adequate to review possible hazards and disturbances to the public and adjacent properties; (h) Preliminary landscaping plan; (i) Indication of the heights of buildings and structures; (j) Indication of the proposed use of the buildings shown on the site plan; and (k) Such other engineering and technical data as may be required to permit necessary findings as to compliance with the provisions of the City's Code of Ordinances. (1) Where an attachment or minor addition to an existing buiiding or structure is proposed, the site plan shall indicate the relation- ship of such proposal to the existing develop- ment. (m) Any of the above requirements may be waived by the Technical Committee if such information is deemed to he non-essential by the Technical Committee. -4- h (8} No building permit shall be issued for t~e con- struction of any building, structure or other development of property~ or appurtenances or alterations thereto, other than for con~struction of single-family or two- family dwellings, unless the site plan has been reviewed by the~ Technical committee~and by the Planning and-Zoning Board and approved by the City Council. In the event of the abandonment of or deviati6n from the site plan as approved by the City Council, or in the further event that a building :permit has not been issued and construc- tion comme~6ed'~ithim one year from the date Of appreual by the City Council, the approval of ~he si~e plan by the City Council shall te~minateand shall become nu~and void." Section 2: Authority to Codify: Specific authority is hereby granted to codify and incorporate this Ordinance in the City's existing Code. Section 3: Separability: Each of the provisions of this 9rdinance are separable, including word, clause, phrase or sent- nce, and if any portion thereof shall be declared invalid, the emaining portion shall not be affected but shall remain in full !orce and effect. Section 4: Repealinq Provisions: Ail ordinances or parts ordinances in conflict herewith are hereby repealed. Section 5: An effective date: This Ordinance shall become sffective in the manner and at the time provided in the Charter ~nd Ordinances of the City of Boynton Beach, Florida. First reading this 2nd day of January, 1973. Second, final reading and passage this 16th day of January, 1973. CITY OF BOYNTON BEACH, FLORIDA ~TTEST: City Clerk -5- ~--Mayor Councilman / Councilman Cou~ :c~'~l ;;man