06-082
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ORDINANCE NO. 06- C88-
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ORDINANCE 89-38
BY AMENDING THE FUTURE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN FOR A PARCEL
OWNED BY PETERS 3377 N. FEDERAL HIGHWAY,
LLC., AND LOCATED AT 3377 NORTH FEDERAL
HIGHWAY, EAST SIDE OF FEDERAL HIGHWAY
AND SOUTH OF TURNER ROAD; CHANGING THE
LAND USE DESIGNATION FROM CHIS
COMMERCIAL HIGH/WITH UNDERLYING MEDIUM
DENSITY RESIDENTIAL OF S DUlAC (PALM BEACH
COUNTY TO LOCAL RETAIL COMMERCIAL (LRC);
PROVIDING FOR CONFLICTS, SEVERABILITY, AND
AN EFFECTIVE DATE.
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WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted
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a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
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pursuant to Ordinance No. 89-38 and in accordance with the Local Government
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Comprehensive Planning Act; and
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WHEREAS, the procedure for amendment of a Future Land Use Element of a
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Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
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WHEREAS, after two (2) public hearings the City Commission acting in its dual
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capacity as Local Planning Agency and City Commission finds that the amendment
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hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
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the best interest of the inhabitants of said City to amend the aforesaid Element of the
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Comprehensive Plan as provided.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
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CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
S:\CA \Ordinances\Planning\Land Use\Boynton Bagcl.doc
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1 herein by this reference.
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Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
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4 That the Future Land Use of the following described land located at 3377 North
5 Federal Highway, east side of Federal Highway and South of Turner Road; changing the land
6 use designation from CHl5 Commercial High/with underlying Medium Density Residential of
7 5 du/ac (Palm Beach County) to Local Retail Commercial (LRC).
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9 LOT 8, LESS THE WESTERLY 17 FEET FOR ROAD RIGHT -OF-WAY,
10 KINGS SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS
11 RECORDED IN PLAT BOOK 20, PAGE 47, OF THE PUBLIC
12 RECORDS OF PALM BEACH COUNTY, FLORIDA.
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14 CONTAINING 3,342 SQUARE FEET OR 0.08 ACRES MORE OR LESS
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16 Subject to easements, restrictions, reservations, covenants and
17 rights of way of record.
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20 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
21 Future Land Use Plan shall be amended accordingly.
22 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
23 Section 5: Should any section or provision of this Ordinance or any portion thereof be
24 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
2 5 remainder of this Ordinance.
26 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
27 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
28 Land Development Regulation Act. No party shall be vested of any right by virtue of the
29 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges,
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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.
FIRST READING this ~ day of cx'TOBER , 2006.
SECOND, FINAL READING and PASSAGE this ~ day of Dc.TOBER , 2006.
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21 ATTEST:
" ~ 'm /l " "'
23 / . ,/I..a..uM..Ji;
~~~ C y Clerk
26 (Co
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S:\CA\Ordinances\Planning\Land Use\Boynton Bagel.doc
CITY OF BOYNTON BEACH, FLORIDA
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