05-057
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1 ORDINANCE NO. 05- 057
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE LAND USE ELEMENT
6 OF THE COMPREHENSIVE PLAN FOR A PARCEL
7 OWNED BY PINEAPPLE GROVE PROPERTIES LTD.,
8 AND LOCATED ON THE NORTHWEST CORNER OF
9 THE INTERSECTION OF GULFSTREAM
10 BOULEVARD AND OLD DIXIE HIGHWAY;
11 CHANGING THE LAND USE DESIGNATION FROM
12 MEDIUM DENSITY RESIDENTIAL WITH A
13 MAXIMUM DENSITY OF 5 DUlAC WITH PUD
14 ZONING (MR-5) (PALM BEACH COUNTY) TO
15 MEDIUM DENSITY RESIDENTIAL (MeDR) (9.68
16 DUlAC); PROVIDING FOR CONFLICTS,
1 7 SEVERABILITY, AND AN EFFECTIVE DATE.
18
19 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted
20 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
21 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
22 Comprehensive Planning Act; and
23 WHEREAS, the procedure for amendment of a Future Land Use Element of a
24 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
25 WHEREAS, after two (2) public hearings the City Commission acting in its dual
26 capacity as Local Planning Agency and City Commission finds that the amendment
27 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
28 the best interest of the inhabitants of said City to amend the aforesaid Element of the
29 Comprehensive Plan as provided.
30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
31' CITY OF BOYNTON BEACH, FLORIDA, THAT:
32 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
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1 herein by this reference.
2
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
3 following:
4 That the Future Land Use of the following described land located on the Northwest
5 comer ofthe intersection of Gulfstream Boulevard and Old Dixie Highway in Boynton Beach,
6 Florida shall be changed from Medium Density Residential with a maximum density of 5
7 dulac with Pun zoning (MR-5)(Palm Beach County) and shall now be designated as Medium
8 Density Residential (MeDR) (9.68 dulac):
9 Tract 1, Replat of a portion of Gulf Stream Estates Plat No.2
10 according to the map or plat thereof as recorded in Plat Book 16,
11 Page 11, of the Public Records of Palm Beach County, Florida
12
13 Subject to easements, restrictions, reservation and rights of way of record.
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16 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe
17 Future Land Use Plan shall be amended accordingly.
18 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
19 Section 5: Should any section or provision of this Ordinance or any portion thereof be
20 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
2 1 remainder of this Ordinance.
22 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
23 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
24 Land Development Regulation Act. No party shall be vested of any right by virtue of the
25 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges,
26 including appeals, are exhausted. In the event that the effective date is established by state law or
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1 special act, the provisions of state act shall control.
3
FIRST READING this ~ day of~, 2005.
SECOND, FINAL READING and PASSAGE this ~ day of De.robe.r , 2005.
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CITY OF BOYNTON BEACH, FLORIDA
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20 ATTEST:
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LOCATION MAP
Boynton-Dixie
ANEX 05-003 & LUAR 05-007
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Exhibit A
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370 Feet