06-005
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1 ORDINANCE NO. 06- DOS
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 MULTIPLE OWNERS, AND LOCATED
8 AT APPROXIMATELY ONE-QUARTER MILE NORTH
9 OF GULFSTREAM BOULEVARD BETWEEN
10 FEDERAL HIGHWAY AND OLD DIXIE HIGHWAY;
11 CHANGING THE LAND USE DESIGNATION FROM
12 GENERAL COMMERCIAL, LOCAL RETAIL
13 COMMERCIAL (CITY) AND MEDIUM RESIDENTIAL
14' -5 AND COMMERCIAL HIGHtS (PALM BEACH
15 COUNTY) TO SPECIAL HIGH DENSITY
16 RESIDENTIAL (SHDR); PROVIDING FOR
17 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
18 DATE.
19
2 0 WHEREAS, the City Commission of the City ofBoynton Beach, Florida has adopted
21 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
22 pursuant to Ordinance No, 89-38 and in accordance with the Local Government
23 Comprehensive Planning Act; and
24 WHEREAS, the procedure for amendment of a Future Land Use Element of a
25 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
26 WHEREAS, after two (2) public hearings the City Commission acting in its dual
27 capacity as Local Planning Agency and City Commission finds that the amendment
28 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
29 the best interest of the inhabitants of said City to amend the aforesaid Element of the
3 0 Comprehensive Plan as provided,
31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
32 CITY OF BOYNTON BEACH, FLORIDA, THAT:
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1 Section I: The foregoing WHEREAS clauses are true and correct and incorporated
2 herein by this reference,
3
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
4 following:
5 That the Future Land Use of the following described land located approximately one-
6 quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie
7 Highway in Boynton Beach, Florida shall be changed from General Commercial, Local Retail
8 Commercial (City) and Medium Residential-5 and Commercial High/5 (Palm Beach County)
9 and shall now be designated as Special High Density Residential (SHDR):
10 See Legal Description Attached Hereto as Exhibit "A"
11
12 Subject to easements, restrictions, reservation and rights of way of record,
13
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15 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
16 Future Land Use Plan shall be amended accordingly.
17 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
18 Section 5: Should any section or provision of this Ordinance or any portion thereof be
19 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
20 remainder of this Ordinance.
21 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
22 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
23 Land Development Regulation Act. No party shall be vested of any right by virtue of the
24 adoption of this Ordinance until all statutory required review is complete and all legal challenges,
25 including appeals, are exhausted, In the event that the effective date is established by state law or
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special act, the provisions of state act shall control.
FIRST READING this ~ day of Jo..nuo..ry , 2006.
SECOND, FINAL READING and PASSAGE this ~ day of ~k"IH"f ' 2006.
CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
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Commissioner
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LEGAL DESCRIPTION
That part of Lot 59, "Amended Plat of Trade Winds Estates, a Subdivision," according to
the Plat thereof, recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach
County, Florida; lying west of the right-of-way of State Road 5 (U.S. Highway No, I) as
conveyed to Palm Beach County, Florida, by a deed recorded in Official Records Book
124, Page 638 of the Public Records of Palm Beach County, Florida.
Together with:
Lots 37, 38 and 58 of "Amended Plat of Trade Winds Estates," according to the Plat
recorded in Plat Book 21, Page 73, ofthe Public Records of Palm Beach County, Florida,
less that portion deeded to the State of Florida by instrument in Official Records Book
104, page 35,
Together with:
Lot 15, "Killian's Park, a Subdivision," according to the Plat thereof, as recorded in Plat
Book 23, Page 195, in the Public Records of Palm Beach County, Florida, less that
portion of Lot 15 conveyed to the State of Florida by a Warranty Deed recorded in
Official Records Book 119, Page 453, of the Public Records of Palm Beach County,
Florida.
Together with:
All of Lots 6 through 14 and Lots 16 through 29 of "Killian's Park" recorded in Plat
Book 23, Page 195, in the Public Records of Palm Beach County, Florida.
Together with:
The 30-foot right,of-way of Miller Road as shown on the Plat of "Killian's Park"
recorded in Plat Book 23, Page 195, in the Public Records of Palm Beach County,
Florida, adjoining Lots 6 thru 14 of said "Killian's Park."
Said lands containing 7.402 acres, more or less,
Exhibit "A"
WPB:214125:1