06-065
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1 ORDINANCE NO. 06-065
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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 TWO (2)
7 PARCELS OF PROPERTY; PARCEL ONE IS
8 BOUNDED BY THE C-16 CANAL ON THE NORTH,
9 MARINER'S WAY ON THE SOUTH, WEST ROAD ON
10 THE WEST, AND THE INTRACOASTAL WATERWAY
11 ON THE EAST; PARCEL TWO IS BOUNDED BY
12 MARTIN LUTHER KING, JR., BOULEVARD ON THE
13 NORTH, NORTHEAST 6TH COURT ON THE SOUTH,
14 THE INTRACOASTAL WATERWAY ON THE EAST,
15 AND ALLEY EAST OF AND PARALLEL TO US
16 HIGHWAY 1 ON THE WEST; CHANGING THE LAND
17 USE DESIGNATION FROM MIXED USE TO LOW
18 DENSITY RESIDENTIAL; PROVIDING FOR
19 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
20 DATE.
21
22 WHEREAS, the City Commission of the City ofBoynton Beach, Florida has adopted
23 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
24 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
25 Comprehensive Planning Act; and
26 WHEREAS, the procedure for amendment of a Future Land Use Element of a
27 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
28 WHEREAS, after two (2) public hearings the City Commission acting in its dual
29 capacity as Local Planning Agency and City Commission finds that the amendment
30 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
31 the best interest of the inhabitants of said City to amend the aforesaid Element of the
32 Comprehensive Plan as provided.
33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
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1 CITY OF BOYNTON BEACH, FLORIDA, THAT:
2 Section I: The foregoing WHEREAS clauses are true and correct and incorporated
3 herein by this reference.
4
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
5 following:
6 That the Future Land Use of the following described properties, referred to as North
7 Parcel and South Parcel, shall be changed from Mixed Use to Low Density Residential;
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9 See Exhibit "A" attached hereto.
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11 Containing: 8.25 acres for the North Parcel and 26.70 acres for the
12 South Parcel.
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14 Subject to easements, restrictions, reservations, covenants and rights of way ofrecord.
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17 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 of this Ordinance or any portion thereof be
21 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 OrdiRafwe sllall take etIcct OR adoj3tioR, sHbject to tile review, challoRgo,
24 or aJ3peal j3rovisiolls providod by tile Florida Local GovofflrneRt Comprellensive PlaIllling aIld
25 Land Devolopmollt Regulation f.ct. No j3art)' shall be vested of all)' rigllt by virtue of tRe
26 adoption oftllis Ordinafice HfitiI all statutory reqHired revis",.' is eem]'lleto aRd all legal cRalleflges,
27 includiRg appeals, are o)[RaHsted. In tAo eyeRt tAat tho effective date is ostablisAed by state law or
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special act, tAe pro'.isioHs of state act shall COHtrol. The effective date of this plan amendment
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shall be: The date a final order is issued by the Department ofCommllnity Affairs finding the
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amendment to be in compliance in accordance with Chapter 163.3184, F.S.: or the date a final
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order is issued bv the Administration Commission finding the amendment to be in compliance in
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accordance with Section 163.3184. F.S.
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FIRST READING this 5th day of July, 2006.
SECOND, FINAL READING and PASSAGE this ~ day of /Jt.u~, 2006.
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CITY OF BOYNTON BEACH, FLORIDA
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Mayor -
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Vice Mayor - Ro
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Commissio~ dii McKoy
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(Corporate Seal)
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INCA Land Use Amendment
Exhibit "A"
Lee:al Description
Parcels of land located in the West one-half of Section 22, Township 45
South, Range 43 East, lying East of Federal Highway (fka Dixie
Highway), and more particularly described as follows:
Parcel Group # 1
All of Lots 1 through 22, Block 1, and the West Yz of Lot 8 along with
all of Lots 9 through 22, Block 2, according to the Plat of BOYNTON
PLACE, as recording in Plat Book 11, Page 40, according to the Public
Records of Palm Beach County, Florida, AND
Parcel Group #2
All of Lots 1 through 19, and Lots 26 through 45, Block 3; all of Lots 1
through the East 45.81 feet of Lot 20, and all of Lots 27 through 47,
Block 4; all of Lots 1 through 22, Block 5; all of Lots 1 through 17,
Block 7, as recorded in the Plat of LAKE ADDITION TO BOYNTON
BEACH, as recorded in Plat Book 11, Page 71, according to the Public
Records of Palm Beach County, Florida, AND
Parcel Group #3
All of the Plat of HARBOR ESTATES except Lot A and the roadway
adjacent to the North line of said Lot A, as recorded in Plat Book 21,
Page 98, according to the Public Records of Palm Beach County,
Florida.