06-038
II
1 ORDINANCE NO. 06- 039
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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 VARIOUS OWNERS, AND LOCATED ON
8 THE WEST SIDE OF SEACREST BOULEVARD
9 BETWEEN NORTHWEST 3RD AVENUE AND
10 NORTHWEST 6TH A VENUE; CHANGING THE LAND
11 USE DESIGNATION FROM LOCAL RETAIL
12 COMMERCIAL (LRC) TO LOW DENSITY
13 RESIDENTIAL (LDR); PROVIDING FOR CONFLICTS,
14 SEVERABILITY, AND AN EFFECTIVE DATE.
15
16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
17 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
18 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
19 Comprehensive Planning Act; and
20 WHEREAS, the procedure for amendment of a Future Land Use Element of a
21 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
22 WHEREAS, after two (2) public hearings the City Commission acting in its dual
23 capacity as Local Planning Agency and City Commission finds that the amendment
24 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
25 the best interest of the inhabitants of said City to amend the aforesaid Element of the
26 Comprehensive Plan as provided.
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
28 CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1:
The foregoing WHEREAS clauses are true and correct and
29
30 incorporated herein by this reference.
S:\CA\Ordinances\Planning\Land use\Seacrest Low 06-014.doc
II
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Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
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following:
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That the Future Land Use of the following described land located on the West side of
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Seacrest Boulevard between Northwest 3'd Avenue and Northwest 6th Avenue in Boynton
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Beach, Florida shall be changed from Local Retail Commercial (LRC) and shall now be
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designated as Low Density Residential (LOR):
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See Attached Exhibit "A"
Containing: 1.68 acres more or less.
Subject to easements, restrictions, reservation and rights of way ofrecord.
Section 3:
That any maps adopted in accordance with the Future Land Use Element of
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the Future Land Use Plan shall be amended accordingly.
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Section 4:
All ordinances or parts of ordinances in conflict herewith are hereby
18 repealed.
19
Section 5:
Should any section or provision of this Ordinance or any portion thereofbe
20 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
21 remainder of this Ordinance.
22
Section 6:
This Ordinance shall take effect on adoption, subject to the review,
23 challenge, or appeal provisions provided by the Florida Local Government Comprehensive
24 Planning and Land Development Regulation Act. No party shall be vested of any right by virtue
25 of the adoption of this Ordinance until all statutory required review is complete and all legal
26 challenges, including appeals, are exhausted. In the event that the effective date is established by
27 state law or special act, the provisions of state act shall control.
S:\CA\Ordinances\Planning\Land Use\Seacrest Low 06-014.doc
TT
1
FIRST READING this L day of M Ai ,2006.
SECOND, FINAL READING and PASSAGE this / t. VI, day of ~_, 2006.
CITY OF BOYNTON BEACH, FLORIDA
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19 ATTEST:
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24 (Corporate Seal)
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9mmissioner .7.0
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Commissioner
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S:\CA\Ordinances\Planning\Land Use\Seacrest Low 06-014.doc
EXHIBIT "A"
LOTS 145 TO 147, LESS THE NORTH AND SOUTH 20 FOOT RETURN CURVE AREA ROAD
RIGHT-OF-WAY, BLOCK A, PLAT OF BOYNTON HILLS, ACCORDING TO THE PLAT
THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR
PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 4, PAGE 51; SAID LANDS
SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOT 145, LESS THE RETURN CURVE AREA ROAD RIGHT-OF-WAY, LOT 146, AND LOT 147,
LESS THE 20 FOOT RETURN CURVE AREA ROAD RIGHT-OF-WAY, BLOCK B, PLAT OF
BOYNTON HILLS, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE
CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA,
RECORDED IN PLAT BOOK 4, PAGE 51; SAID LANDS SITUATE LYING AND BEING IN PALM
BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOT 130, LESS THE RIGHT-OF-WAY OF SEACREST BOULEVARD, LOT 131, LOT 132, AND
LOT 133, LESS THE SOUTH 15 FEET, BLOCK B, PLAT OF BOYNTON HILLS, ACCORDING TO
THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN
AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 4, PAGE 51; SAID
LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOT 100, LESS THE 20 FOOT RETURN CURVE AREA ROAD RIGHT-OF-WAY, BLOCK B, PLAT
OF BOYNTON HILLS, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE
CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA,
RECORDED IN PLAT BOOK 4, PAGE 51; SAID LANDS SITUATE LYING AND BEING IN PALM
BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOT 100 AND THE SOUTH HALF OF ABANDONED NW 7TH COURT LYING NORTH OF AND
ADJACENT THERETO, LESS 20 FOOT RETURN CURVE AREA ROAD RIGHT-OF-WAY, AND
LOT 101, BLOCK C, PLAT OF BOYNTON HILLS, ACCORDING TO THE PLAT THEREOF ON
FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH
COUNTY, FLORIDA, RECORDED IN PLAT BOOK 4, PAGE 51; SAID LANDS SITUATE LYING
AND BEING IN PALM BEACH COUNTY, FLORIDA.