06-090
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1 ORDINANCE NO. 06- cAo
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 NIGEL DEVELOPMENT, INC., AND
8 LOCATED AT 3847 NORTH FEDERAL HIGHWAY, ON
9 THE EAST SIDE OF FEDERAL HIGHWAY AND
10 SOUTH OF BAMBOO LANE WEST OF PALMER
11 ROAD; CHANGING THE LAND USE DESIGNATION
12 FROM CH/5 COMMERCIAL HIGHIWITH
13 UNDERLYING MEDIUM DENSITY RESIDENTIAL OF
14 5 DUlAC (PALM BEACH COUNTY) TO LOCAL
15 RETAIL COMMERCIAL (LRC); PROVIDING FOR
16 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
17 DATE.
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19 WHEREAS, the City Commission ofthe City ofBoynton Beach, Florida has adopted
2 0 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
21 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
22 Comprehensive Planning Act; and
23 WHEREAS, the procedure for amendment of a Future Land Use Element of a
24 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
25 WHEREAS, after two (2) public hearings the City Commission acting in its dual
26 capacity as Local Planning Agency and City Commission finds that the amendment
27 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
28 the best interest of the inhabitants of said City to amend the aforesaid Element of the
2 9 Comprehensive Plan as provided.
30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
31 CITY OF BOYNTON BEACH, FLORIDA, THAT:
32 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
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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
3 following:
4 That the Future Land Use of the following described land located at 3847 North
5 Federal Highway, on the east side of Federal Highway and South of Bamboo Lane and west of
6 Palmer Road; changing the land use designation from CH/5 Commercial High/with
7 underlying Medium Density Residential of 5 du/ac (Palm Beach County) to Local Retail
8 Commercial (LRC).
9:1
101 A TRACT OF LAND IN SECTION 4, TOWNSHIP 46 SOUTH OF RANGE 43 EAST,
11 PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
12 FOLLOWS:
13
14 BEGINNING AT A POINT IN THE EAST RIGHT-OF-WAY LINE OF STATE ROAD
15 NO.5 (U.S. NO.1) AT A DISTANCE OF 150 FEET NORTHERLY, MEASURED
16 ALONG THE SAID EAST RIGHT OF WAY LINE, FROM THE POINT OF
17 INTERSECTION OF A LINE PARALLEL TO, AND 579 FEET SOUTH OF,
18 MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID SECTION 4;
19 THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF SAID SECTION 4, A
20 DISTANCE OF 150 FEET TO A POINT; THENCE NORTHERLY, PARALLEL TO THE
21 SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 70 FEET TO A POINT;
22 THENCE WESTERLY TO A POINT IN THE SAID EAST RIGHT-OF-WAY LINE, A
23 DISTANCE OF 90 FEET NORTHERLY, MEASURED ALONG SAID EAST RlGHT-OF-
24 WAY LINE, FROM THE POINT OF BEGINNING; THENCE SOUTHERLY ALONG
25 SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 90 FEET TO THE POINT OF
26 BEGlNNlNG; TOGETHER WITH ALL IMPROVEMENTS THEREON AND FIXTURES
27 THEREIN.
28
29 AND CONTAINING 11,578 SQUARE FEET, 0.265 ACRE MORE OR LESS
30
31 Subject to easements, restrictions, reservations, covenants and
32 rights of way of record.
33
34 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe
35 Future Land Use Plan shall be amended accordingly.
36 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
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1
Section 5: Should any section or provision of this Ordinance or any portion thereof be
2 i 1 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
3 remainder of this Ordinance.
4 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
5 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
6 Land Development Regulation Act. No party shall be vested of any right by virtue of the
7 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges,
8 including appeals, are exhausted. In the event that the effective date is established by state law or
9 special act, the provisions of state act shall control.
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FIRST READING this ~ day of No~embe{ ,2006.
SECOND, FINAL READING and PASSAGE this 5-- day of ~/If /J flf'" , 2006.
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CITY OF BOYNTON BEACH, FLORIDA
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