23-015 1 ORDINANCE NO. 23-015
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
4 APPROVING AMENDMENTS TO THE CITY OF BOYNTON BEACH
5 COMPREHENSIVE PLAN FOR TRANSMITTAL TO THE DEPARTMENT OF
6 ECONOMIC OPPORTUNITY FOR THE STATE-COORDINATED REVIEW. THE
7 PROPOSED AMENDMENTS ADDRESS NEW STATUTORY REQUIREMENTS
8 PERTAINING TO THE ESTABLISHMENT OF A PROPERTY RIGHTS
9 ELEMENT; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN
10 EFFECTIVE DATE.
11
12 WHEREAS, the subject amendments are being processed as part of the Evaluation and
13 Appraisal Review (EAR) of the Comprehensive Plan, pursuant to Section 163.3191(1), Florida
14 Statutes (F.S.), and Rule Chapter 73C-49, Florida Administrative Code; and
15 WHEREAS, the proposed amendments based on the current EAR establish a private
16 property rights element within the City's Comprehensive Plan which repeats the statements of
17 property rights included in the aforementioned section of the Florida Statutes; and
18 WHEREAS, Effective July 1, 2021, House Bill 59, Section 163.3177(6)(i)2 of the Florida
19 Statutes (Chapter 2021-195, Laws of Florida), requires all local governments to adopt and
20 include a "Property Rights" element in its comprehensive plan; and
21 WHEREAS, the City Commission deems it to be in the best interests of the citizens and
22 residents of the City to adopt the EAR-based amendments into the City's Comprehensive Plan.
23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
24 BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated
26 herein by this reference.
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t Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
2 adopts the amendments to the Comprehensive Plan Property Rights Element for transmittal to
3 the Department of Economic Opportunity for the State-Coordinated Review which address new
4 statutory requirements and update the remaining objectives and policies to account for
5 completion and changes in the City's programs, a copy of which is attached hereto as Exhibit
6 "A„
7 Section 3. The City Commission hereby certifies that it shall and will conduct such
8 public hearings as may be required pursuant to Chapter 163, Florida Statutes, as amended, in
9 order to adopt the Comprehensive Plan Amendments and so directs the City Administration to
10 conduct and publish same, as provided by general law.
11 Section 4. The City Commission hereby authorizes the appropriate City officials to
12 submit the appropriate number of copies of this Ordinance and the City's Comprehensive Plan,
13 as amended herein, to the State of Florida Department of Community Affairs and to any other
14 governmental agency having jurisdiction with regard to the approval of same in accordance
15 with and pursuant to Chapter 163, Florida Statutes, and to keep available copies of the Plan
16 Amendments available for public review and examination at Boynton Beach City Hall.
17 Section 5. All laws and ordinances in conflict with any provisions of this ordinance
18 are hereby repealed.
19 Section 6. Should any section or provision of this Ordinance or any portion thereof
20 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
21 remainder of this Ordinance.
Section 7. This Ordinance shall become effective immediately upon passage.
2 FIRST READING this 18th day of July, 2023.
3 SECOND, FINAL READING AND PASSAGE this 5th day of December, 2023.
4
5 CITY OF BOYNTON BEACH, FLORIDA
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7 YES NO
8
9 Mayor—Ty Penserga ✓
10
11 Vice Mayor—Thomas Turkin
12
13 Commissioner—Angela Cruz V
14
15 Commissioner—Woodrow L. Hay
16
17 Commissioner—Aimee Kelley
18
19 VOTE 5
20
21
22
23 ATTEST:
24
25 I- ./,�.Ib/� 5&1,(a.-- 7 _1L-
26 Tammy Stan one, CM Ty Pen •ga
27 Deputy City Clerk May• •
"
28
29gOYNT0N'llt APPROVED AS TO RM:
30 (Corporate Seal) �;C,ORPORgT •.�ct�14 Aietv
din
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31 ( fSEAL\
_ Shawna G. Lamb
32 :INCORPORATED:
33 �� 1920 • City Attorney
34
35 t�. '
ELORID
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