06-034
II
1 ORDINANCE NO. 06-034
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 VERMAC PROPERTIES 6, LLC., AND
8 LOCATED ON THE NORTHEAST CORNER OF
9 LAWRENCE ROAD AND 7IsT AVENUE SOUTH
10 APPROXIMATELY 350 FEET SOUTH OF HYPOLUXO
11 ROAD; CHANGING THE LAND USE DESIGNATION
12 FROM PALM BEACH COUNTY MEDIUM
13 RESIDENTIAL 5 UNITS PER ACRE (MR-5) TO
14 MEDIUM DENSITY RESIDENTIAL (MeDR);
15 PROVIDING FOR CONFLICTS, SEVERABILITY, AND
16 AN EFFECTIVE DATE.
17
18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
19 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
20 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
21 Comprehensive Planning Act; and
22 WHEREAS, the procedure for amendment of a Future Land Use Element of a
23 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
24 WHEREAS, after two (2) public hearings the City Commission acting in its dual
25 capacity as Local Planning Agency and City Commission finds that the amendment
26 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
27 the best interest of the inhabitants of said City to amend the aforesaid Element of the
28 Comprehensive Plan as provided.
29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
30 CITY OF BOYNTON BEACH, FLORIDA, THAT:
31 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
S:\CC\WP\ORDINANCES\2006\06-034Lawrence Road (Vermac) 06-004.doc
II
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 northeast
5 corner of Lawrence Road and 71 51 Avenue South, approximately 350 feet south ofHypoluxo
6 Road in Boynton Beach, Florida shall be changed from Palm Beach County Medium
7 Residential 5 units per acre (MR-5) and shall now be designated as Medium Density
8 Residential (MeDR):
9
10 The South 1/2 of the North 1/2 ofthe Northwest 1/4 ofthe Northwest
11 1/4 of Section 7, Township 45 South, Range 43 East less the West 40
12 feet thereof.
13
14 Containing: 407,263 square feet or 9.349 acres more or less.
15
16 Subject to easements, restrictions, reservation and rights of way of record.
17
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19 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe
20 Future Land Use Plan shall be amended accordingly.
21 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
22 Section 5: Should any section or provision of this Ordinance or any portion thereofbe
23 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
24 remainder of this Ordinance.
25 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
26 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
27 Land Development Regulation Act. No party shall be vested of any right by virtue of the
28 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges,
S:\CA\Ordinances\Planning\Land Use\Lawrence Road (Vermac) 06-004.doc
II
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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.
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FIRST READING this ~ day Of~, 2006.
SECOND, FINAL READING and PASSAGE this ~ day Of~, 2006.
CITY OF BOYNTON BEACH, FLORIDA
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Com .
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ATTEST:
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S:\CA\Ordinances\Planning\Land Use\Lawrence Road (Vermac) 06-004.doc
II
1 ORDINANCE NO. 06-034
2
3 i 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 VERMAC PROPERTIES 6, LLC., AND
8 LOCATED ON THE NORTHEAST CORNER OF
9 LAWRENCE ROAD AND 7IsT AVENUE SOUTH
1 0 APPROXIMATELY 350 FEET SOUTH OF HYPOLUXO
11 ROAD; CHANGING THE LAND USE DESIGNATION
12 FROM PALM BEACH COUNTY MEDIUM
13 RESIDENTIAL 5 UNITS PER ACRE (MR-5) TO
14 MEDIUM DENSITY RESIDENTIAL (MeDR);
15 PROVIDING FOR CONFLICTS, SEVERABILITY, AND
16 AN EFFECTIVE DATE.
17
18 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted
19 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
20 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
21 Comprehensive Planning Act; and
22 WHEREAS, the procedure for amendment of a Future Land Use Element of a
23 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
24 WHEREAS, after two (2) public hearings the City Commission acting in its dual
25 capacity as Local Planning Agency and City Commission finds that the amendment
26 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
27 the best interest of the inhabitants of said City to amend the aforesaid Element of the
28 Comprehensive Plan as provided.
29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
30 CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 1 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
S:\CC\WP\ORDINANCES\2006\06-034Lawrence Road (Vermac) 06-004.doc
"
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 northeast
5 corner of Lawrence Road and 7151 Avenue South, approximately 350 feet south ofHypoluxo
6 Road in Boynton Beach, Florida shall be changed from Palm Beach County Medium
7 Residential 5 units per acre (MR-5) and shall now be designated as Medium Density
8 Residential (MeDR):
9
10 The South 1/2 of the North 1/2 ofthe Northwest 1/4 of the Northwest
11 1/4 of Section 7, Township 45 South, Range 43 East less the West 40
12 feet thereof.
13
14 Containing: 407,263 square feet or 9.349 acres more or less.
15
16 Subject to easements, restrictions, reservation and rights of way ofrecord.
17
18
19 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
20 Future Land Use Plan shall be amended accordingly.
21 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
22 Section 5: Should any section or provision ofthis Ordinance or any portion thereof be
23 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
24 remainder of this Ordinance.
25 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
26 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
27 Land Development Regulation Act. No party shall be vested of any right by virtue of the
28 adoption of this Ordinance until all statutory required review is complete and all legal challenges,
S:\CA\Ordinances\Planning\Land Use\Lawrence Road (Vermac) 06-Q04.doc
"
1
including appeals, are exhausted. In the event that the effective date is established by state law or
2
special act, the provisions of state act shall control.
3
FIRST READING this ~ day of~, 2006.
SECOND, FINAL READING and PASSAGE this -L day of ~' 2006.
CITY OF BOYNTON BEACH, FLORIDA
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Commissioner
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S:\CA\Ordinances\Planning\Land Use\Lawrence Road (Vermac) 06-004.doc