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03-008ORDINANCE NO. 03- OO~:, AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT 2505 SOUTH FEDERAL HIGHWAY KNOWN AS COASTAL BAY COLONY; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSWE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM LOCAL RETAIL COMMERCIAL TO SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as S:\CA\Ordinances\Planning\Land Use\Coastal Bay Land Use.doc SHDR (Special High Density Residential). follows: Said land is more particularly described as SEE ATTACHED EXHIBIT "A" Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this I/~ day of _t~Z~-'~ ,2003. SECOND, FINAL READING and PASSAGE this /o6~ day of"~~ , 2003. ~ayor / /-' ~" Vice ' ~ Commissioner ~ning\Land Use\Coastal Bay Land Use.doc LEGAL DESCRIPTIQN-' LOTS 14- AND 15 OF "ROBINSON'S ADDITION TO BOYNTON BEACH, FLORIDA* ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2,5, PAGE 14-4- OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PA.~CEL 2:' BEGINNING AT A POINT 207.78 FEET SOUTH OF THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 5.3, TOWNSHIP ~,5 SOUTH, RANGE 4-3 EAST; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID NORTHEAST 1/4- OF THE SOUTHEAST 1/4- 64-7.07 FEET, MORE O.R LESS, TO THE WESTERLY RIGHT OF WAY LINE OF THE DIXIE HIGHWAY; THENCE SOUTHERLY, ALONG SAID WESTERLY RIGHT-OF-WAY LINE TO A POINT .385.56 FEET SOUTH OF THE SAID NORTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4 TO A CONCRETE MONUMENT; THENCE WEST 628.11 FEET, MORE OR LESS, AND PARALLEL TO THE "SAID NORTH LINE OF SAID NORTHEAST 1/4. OF THE SOUTHEAST 1/4. TO THE WEST LINE OF SAID NORTHEAST 1/4. OF 'THE SOUTHEAST 1/4-; THENCE NORTH 177.78 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. LESS THAT PORTION DEEDED TO THE STATE OF FLORIDA, BY INSTRUMENT DATED dANUARY 24-, 19~8, FILED.dANUARY 27, 1958 AND RECORDED IN O.R. BOOK 150, PAGE .370, PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA, FOR ROAD RIGHT OF WAY PURPOSES. PAB6EL 3: , ALL T~AT'"PART OF THE SOUTHEAST 1/4- OF SECTION' 33, TOWNSHIP 4-5 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEOINNING AT A CONCRETE MONUMENT IN THE WEST LINE OF THE RIGHT OF WAY OF U.S. HIGHWAY NO. 1, WHICH IS 585.56 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST 1/4- OF SAID SECTION `35; AND RUNNING THENCE SOUTH ALONG THE WEST LINE OF THE RIGHT OF WAY OF SAID U.S. HIGHWAY NO. 1, A DISTANCE OF 100 FEET; THENCE WEST ON A LINE PARALL-EL WITH THE SAID NORTH LINE OF SAID SOUTHEAST 1,/4- OF SAID SECTION `5.3, A DISTANCE OF 550.0 FEET; THENCE NORTH ON A LINE PARALLEL WITH THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION `55 TO A POINT WHICH IS .385.56 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST 1/4. OF SAID SECTION ,35; THENCE EAST ON A LINE PARALLEL WITH THE SAID NORTH LINE OF SAID SOUTHEAST 1/4- OF SAID SECTION 35 TO THE POINT OF BEGINNING. LESS THE RIGHT OF WAY FOR U.S. NO: 1 (STATE ROAD NO. 5). LEGAL DESCRIPTION: LOTS 16, 17 AND 18, "ROBINSON ADDITION" ACCORDING TO THE PLAT. THEREOF AS RECORDED IN PLAT BOOK 25, AT PAGE 14-4- OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.