O89-38ORDINANCE NO. 89-~
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, ADOPTING THE 1989 CITY
OF BOYNTON BEACH COMPREHENSIVE PLAN,
PROVIDING FOR THE AUTHORITY FOR THE
ADOPTION OF THE COMPREHENSIVE PLAN;
PROVIDING FOR THE PURPOSE AND INTENT;
PROVIDING FOR THE ADOPTION OF THE 1989
BOYNTON BEACH COMPREHENSIVE PLAN;
PROVIDING FOR PREEMPTION OF THE
COMPREHENSIVE PLAN OVER LESS RESTRICTIVE
DEVELOPMENT. REGULATIONS; PROVIDING FOR
REPEAL OF ORDINANCE NO. 79-24 AS
AMENDED, AND FOR REPEAL OF OTHER LAWS IN
CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING AUTHORITY TO CODIFY; PROVIDING
FOR EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, Section 163.3161, et. seq., Florida Statutes
(1988), is entitled the Local Government Comprehensive
Planning and Land Development Regulation Act; and
WHEREAS, Section 163.3167, Florida Statutes, requires
each City in the State of Florida to prepare and adopt a
comprehensive plan; and
WHEREAS, the City of Boynton Beach is required to adopt
the 1989 City of Boynton Beach Comprehensive Plan, pursuant
to the provisions of Section 163.3184(7), Florida Statutes;
and
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, has provided for the broad dissemination of
proposals and alternatives, opportunity for written
comments, public hearings after due public notice;
provisions for open discussions, and consideration of and
response to public comments concerning the provisions
contained in the proposed 1989 Comprehensive Plan for the
City of Boynton Beach, Florida; and
W~RREAS, data, information, documents, and drafts of
each of the Comprehensive Plan elements or sub-elements were
continually disseminated in a timely manner to the public;
and
WHEREA~, Chapter 19 of the Code of Ordinances of this
City designates the Planning and Zoning Board as the Local
Planning Agency for the City, and sets forth the duties and
responsibilities of said Local Planning Agency; and
W~EREAS, the Planning and Zoning Board held public
hearings on the proposed 1989 Plan after due public notice
and considered the recommendations of citizen participation
efforts at those public hearings and written and verbal
communications of all interested parties, and recommended
the submittal of the proposed 1989 Comprehensive Plan to the
Department of Community Affairs; and
W~EREAS, the City Commission of the City of Boynton
Beach held public hearings on the proposed 1989
Comprehensive Plan after due public notice and considered
the comments and recommendations by the public, and
recommendation of the Planning and Zoning Board, and upon
thorough and complete consideration and deliberation,
approved the proposed 1989 Comprehensive Plan for
transmittal to the Department of Community Affairs, pursuant
to Chapter 163.3184(3) and Chapter 9J-11, Florida
Administrative Code; and
W~EREAS, the City received the Department of Community
Affairs "objections, recommendations, and comments report"
dated September 11, 1989, which was the Department's written
review of the proposed 1989 Comprehensive Plan; and
WREREAS, subsequent to receipt of the "objections,
recommendations and comments report" the City Commission
informed the public of the objections, recommendations and
comments of the Department of Community Affairs and provided
direction to staff for the preparation of the final
Comprehensive Plan; and
WREREAS, the Department of Community Affairs'
"objections, recommendations and comments report" was
available to the public at the Planning, Zoning Department;
and
W~RREAS, City staff held meetings with the staff of the
Department of Community Affairs, and other governmental
agencies to review the submitted plan elements and discuss
concerns during the agency review of that submitted plan;
and
WHEREAS, the City Commission held public workshops to
review the written comments submitted by the Department of
Community Affairs as the "objections, recommendations, and
comments report" and to evaluate the recommendations of the
citizens and staff; and
WHEREA~, the City Commission of the City of Boynton
Beach held public hearings after due public notice; reviewed
the written comments by the Department of Community Affairs
as the "objections, recommendations, and comments report";
and reviewed all other written or oral comments submitted by
members of the public and governing agencies; and
WHEREAS, the City Commission of the City of Boynton
Beach finds that the proposed 1989 Comprehensive Plan to be
adopted by this Ordinance complies with the requirements of
the Local Government
Development Regulations
Administrative Code.
Comprehensive
Act and
Planning and Land
Chapter 9J-5, Florida
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Authority.
This Ordinance is adopted in compliance with, and
pursuant to, the Local Government Comprehensive Planning and
Land Development Regulation Act, Section 163.3184, et. seq.,
Florida Statutes, and Chapter 9J-5, Florida Administrative
Code.
Section 2. Purpose and Intent.
A. It is hereby declared that the purpose and intent
of this Ordinance is to preserve and enhance the existing
quality of life; encourage the most appropriate use of land,
water and resources consistent with the public interest;
address current problems which have occurred because of the
use and development of land; and deal effectively with
future problems which may occur as a result of the use and
development of land. Through the implementation of the 1989
Comprehensive Plan and those elements adopted herein by this
· Ordinance, it is the intent of the City Commission of the
City of Boynton Beach, Florida, to preserve, promote,
protect and improve the public health, safety, comfort, good
order, appearance, convenience, law enforcement and fire
prevention, and general welfare; to prevent the overcrowding
of land and to avoid undue concentration of populations; to
minimize urban sprawl; to encourage the development and
redevelopment of our coastal community; to ensure that the
existing rights of property owners be preserved in accord
with the Constitutions of the State of Florida and of the
United States; to plan for and guide growth and development
within the City by providing greater specificity and
certainty in the land planning process, by preparing a
financially feasible plan, by establishing a concurrency
management system, by providing for appropriate minimum
levels of service for the necessary public facilities to
accommodate existing populations and future growth, by
coordinating local decisions relating to growth and
development, and by insuring consistency with the state,
regional and county comprehensive plans.
B. The provisions of the elements adopted by this
Ordinance are declared to be the minimum requirements
necessary to accomplish the aforesaid stated intent,
purpose, and objectives of this Ordinance; and they are
declared to be the minimum requirements to maintain, through
orderly growth and development, the character and stability
of present and future land use and development in this City.
Nothing in this plan is to be construed to limit the powers
and authority of the City Commission of the City of Boynton
Beach to enact ordinances, rules or regulations that are
more restrictive than the provisions of this Plan.
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C. Nothing in this Comprehensive Plan, or in the land
use regulations adopted consistent with its requirements
shall be construed or applied so as to result in an
unconstitutional temporary or permanent taking of private
property or the abrogation of validity existing vested
rights.
Section 3. Adoption of Comprehensive Plan.
A. Pursuant to the Local Government Comprehensive
Planning and Land Development Regulations Act, Section
163.3184, et. seq., Florida Statutes, the City of Boynton
Beach hereby adopts the 1989 Comprehensive Plan of this
City, consisting of the following elements: Future Land
Use, Housing, Utilities (which includes the sub-elements of
Sanitary Sewer, Potable Water, Solid Waste, Drainage, and
Natural Groundwater Aquifer Recharge), Conservation,
Recreation and Open Space, Traffic Circulation, Coastal
Management, Intergovernmental Coordination, and Capital
Improvement.
Section 4. Preemption.
In the event that the 1989 Comprehensive Plan is more
restrictive than existing development regulations, the
provisionsof the 1989 Comprehensive Plan shall prevail.
Section 5. Repeal of Laws in Conflict.
Ordinance No. 79-24, as amended, is hereby repealed.
In addition, all other laws and ordinances in conflict with
any provisions of this ordinance are hereby repealed.
Section 6. Severability.
If any section, paragraph, sentence, clause, phrase, or
word of this ordinance is for any reason held by the Court
to be unconstitutional, inoperative or void, such holding
shall not affect the remainder of this ordinance.
Section 7. Authority to Codify.
Authority is hereby granted to codify said Ordinance.
Section 8. Effective Date.
The provisions of this ordinance shall become effective
immediately upon passage.
FIRST READING THIS /~l~day of October, 1989.
1989.
Vice Mayor
ATTEST:
Cit~ ~rk
Commi s s ioner
ioner / ~
-'7''
(Corporate Seal)
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