05-0211
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3O
ORDINANCE NO. 05- 19 ~ I
~N ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ORDINANCE
89-38 BY AMENDING THE FUTURE LAND USE
ELEMENT OF THE COMPREHENSIVE PLAN
FOR A PARCEL OWNED BY BMYFL-1, INC.,
AND LOCATED AT 1801 NORTHEAST 4TH
STREET; CHANGING THE LAND USE
DESIGNATION FROM HIGH DENSITY
RESIDENTIAL TO SPECIAL HIGH DENSITY
RESIDENTIAL; 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 pursuant to Ordinance No. 89-38 and 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 two (2) public hearings the City Commission acting in its
dual capacity as Local Planning Agency and City Commission finds that the
amendment hereinafter set forth is consistent with the City's adopted Comprehensive
Plan and deems it in the best interest of the inhabitants of said City to amend the
aforesaid Element of the Comprehensive Plan as provided.
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.
S: ~CA~Ordinances\Planning~Land Use~Barr. doc
Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the
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following:
That the Future Land Use of the following described land located at 1801
Northeast 4th Street in Boynton Beach, Florida shall be changed from High Density
Residential and shall now be designated as Special High Density Residential (20 du/ac):
That portion of Lots 20 through 26, inclusive, lying East of the West line of
Section 15, Township 45 South, Range 43 East, Boynton Beach, Florida, as
shown on the Plat of SAM BROWN JR.'S HYPOLUXO SUBDIVISION, as
recorded in Plat Book 1, Page 81, in and for the Public Records of Palm
Beach County, Florida. Less however the South 332 feet, of the West 165
feet, (as measured along the West and South lines) thereof.
Subject to easements, restrictions, reservation and rights of way of record.
Section 4:
repealed.
Section 5:
Section 3: That any maps adopted in accordance with the Future Land Use Element
of the Future Land Use Plan shall be amended accordingly.
All ordinances or parts of ordinances in conflict herewith are hereby
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 6: This Ordinance shall take effect on adoption, subject to the review,
challenge, or appeal provisions provided by the Florida Local Government Comprehensive
Planning and Land Development Regulation Act. No party shall be vested of any right by
virtue of the adoption of this Ordinance until all statutory required review is complete and
all legal challenges, including appeals, are exhausted. In the event that the effective date is
established by state law or special act, the provisions of state act shall control.
S: ~CA\Ordinances\Plannin~\Land Use\Barr. doc
3 2005.
FIRST READING this ~ dayof /t~)~t.. ,2005.
SECOND, FINAL READING and PASSAGE this Iq day of
CITY OF BOYNTON BEACH, FLORIDA
~ayor~
~e t~ayor
Com~.~.~!onq[r , ';
S: \CA\Ordinances\Planning\Land Use\Barr. doc