06-019
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1 ORDINANCE NO. 06- 0 t q
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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 YACHTSMAN PROPERTIES, LLC, AND
8 LOCATED ON THE EAST SIDE OF FEDERAL
9 HIGHWAY APPROXIMATELY 375 FEET NORTH OF
10 THE BOYNTON (C-16) CANAL; CHANGING THE
11 LAND USE DESIGNATION FROM LOCAL RETAIL
12 COMMERCIAL (LRC) TO SPECIAL HIGH DENSITY
13 RESIDENTIAL (SHDR - 20 DUlAC); PROVIDING FOR
14 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
15 DATE.
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1 7 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted
18 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
19 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
20 Comprehensive Planning Act; and
21 WHEREAS, the procedure for amendment of a Future Land Use Element of a
22 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
23 WHEREAS, after two (2) public hearings the City Commission acting in its dual
24 capacity as Local Planning Agency and City Commission finds that the amendment
25 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
26 the best interest of the inhabitants of said City to amend the aforesaid Element of the
27 Comprehensive Plan as provided.
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
29 CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
3 1 herein by this reference.
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Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
2 following:
3 That the Future Land Use ofthe following described land located on the east side of
4 Federal Highway approximately 375 feet north of the Boynton (C-16) Canal in Boynton
5 Beach, Florida shall be changed from Local Retail Commercial (LRC) and shall now be
6 designated as Special High Density Residential (SHDR - 20 du/ac):
7 Parcel No.1: Lot 19, Yachtman's Cove, according to the Plat thereof, as
8 recorded in Plat Book 31, Page 225, of the Public Records of Palm Beach
9 County, Florida.
10
11 Parcel No.2: Section 1, Coquina Cove, according to the Plat thereof, as
12 recorded in Plat Book 24, Page 14 of the Public Records of Palm Beach
13 County, Florida, LESS the right of way for U.S. Highway #1 (State Road 5)
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15 Subject to easements, restrictions, reservation and rights of way of record.
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1 7 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe
18 Future Land Use Plan shall be amended accordingly.
19 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
20 Section 5: Should any section or provision ofthis Ordinance or any portion thereof be
2 1 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
22 remainder of this Ordinance.
23 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
24 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
25 Land Development Regulation Act. No party shall be vested of any right by virtue of the
26 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges,
27 including appeals, are exhausted. In the event that the effective date is established by state law or
28 special act, the provisions of state act shall control.
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FIRST READING this ~ day Of~, 2006.
SECOND, FINAL READING and PASSAGE this ~ day of /rJ~ ,2006.
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CITY OF BOYNTON BEACH, FLORIDA
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19 ATTEST:
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22 Clt Clerk
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24 (Corporate .~al)
25 ~w
fr-::r V 7k>-z -
tMayor
o SSlOner r
<'--:2h--</Y C e-L--( ( -
rission",er
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Commissioner
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