06-044
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1 ORDINANCE NO. 06-D4L/
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 ROBERT RICHARDSON, JR., AND MARK
8 C. DALY, AND LOCATED ON THE EAST SIDE OF
9 FLORIDA EAST COAST RAILROAD RIGHT -OF-WAY,
10 NORTH AND SOUTH OF SOUTHEAST 10 TH AVENUE;
11 CHANGING THE LAND USE DESIGNATION FROM
12 LOCAL RETAIL COMMERCIAL (LRC) TO
13 INDUSTRIAL (I); 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
2 6 Comprehensive Plan as provided.
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
28 CITY OF BOYNTON BEACH, FLORIDA, THAT:
29 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
30 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 of the following described land located on the East side of
4 Florida East Coast railroad right-of-way, North and South of Southeast 10th Avenue, in
5 Boynton Beach, Florida shall be changed from Local Retail Commercial (LRC) and shall now
6 be designated as Industrial (1):
7
8 South Y2 lot 13 and lots 14 thru 20 together with the abandoned right-
9 of-way- of East Railroad Avenue adjacent to the south Y210t 13, Lot
10 14, lot 15 and lot 16, Block "E" and Lot 1, Block "G", Hathaway
11 Park, a subdivision as recorded in Plat Book 13, Page 17 in the Public
12 Records of Palm Beach County, Florida.
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14 Containing: 1.07 acres more or less.
15
16 Subject to easements, restrictions, reservation and rights of way of record.
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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 unti I all statutory required review is complete and all legal challenges,
29 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.
2
FIRST READING this ~ day of
,2006.
SECOND, FINAL READING and PASSAGE is /WI! day of 'fh ~ ' 2006.
CITY OF BOYNTON BEACH, FLORIDA
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20 ATTEST:
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25 (Corporate Seal)
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