06-094
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1 ORDINANCE NO. 06-094
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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 SCI FUNERAL SERVICES OF FLORIDA,
8 INC., AND LOCATED ON THE WEST SIDE OF
9 NORTH SEACREST BOULEVARD,
10 APPROXIMATELY 0.5 MILES SOUTH OF
11 HYPOLUXO ROAD AND IMMEDIA TEL Y NORTH OF
12 PINE POINT VILLAS; CHANGING THE LAND USE
13 DESIGNATION FROM INSTITUTIONAL (PALM
14 BEACH COUNTY INST) TO HIGH DENSITY
15 RESIDENTIAL (HDR 10.8 DWELLING UNITS PER
16 ACRE); PROVIDING FOR CONFLICTS,
17 SEVERABILITY, AND AN EFFECTIVE DATE.
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19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
20 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
29 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 on the west side of
5 North Seacrest Boulevard, approximately 0.5 miles south ofHypoluxo Road and immediately
6 north of Pine Point Villas; changing the land use designation from Institutional (Palm Beach
7 County INST) to High Density Residential (HDR 10.8 dwelling units per acre).
8 SITUATED IN THE COUNTY OF PALM BEACH AND STATE OF FLORIDA, AND KNOWN AS
9 BEING APART OF THE REPLA T OF PART OF LINCOLN OF LINCOLN MEMORIAL GARDENS
10 AS RECORDED IN PLAT BOOK 25, PAGE 225, AND FURTHER DESCRIBED AS FOLLOWS:
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12 BEGINNING AT A CAPPED PIN FOUND IN SOUTHEAST CORNER OF A PARCEL OF LAND AS
13 CONVEYED TO PALM BEACH COUNTY CEMETERY CORPORATION IN VOLUME 4784, PAGE
14 360, SAID POINT ALSO BEING ON THE WEST RIGHT OF WAY LINE OF SEACREST
15 BOULEV ARD, A VARIABLE WIDTH PUBLIC RIGHT OF WAY;
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17 THENCE, NORTH 87 DEG. 30'46" WEST, 857.45 FEET TO A POINT;
18 THENCE, NORTH 01 DEG. 01' 59" EAST, 196.13 FEET TO A POINT;
19 THENCE, SOUTH 87 DEG. 30'46" EAST, 176.44 FEET TO A POINT;
20 THENCE, NORTH 01 DEG. 01' 59" EAST, 19.03 FEET TO A POINT;
21 THENCE, SOUTH 87 DEG. 30'46"EAST, 148.72 FEET TO A POINT;
22 THENCE, NORTH 01 DEG. 01' 59" EAST, 12.00 FEET TO A POINT;
23 THENCE, SOUTH 87 DEG. 30' 46" EAST, 326.39 FEET TO A POINT;
24 THENCE, SOUTH 01 DEG. 01' 59" WEST, 2.74 FEET TO A POINT;
25 THENCE, SOUTH 87 DEG. 30' 46" EAST, 33.81 FEET TO A POINT;
26 THENCE, SOUTH 01 DEG. 01' 59" WEST, 156.13 FEET TO A POINT;
27 THENCE, SOUTH 87 DEG. 30' 46" EAST, 81.83 FEET TO A POINT;
28 THENCE, NORTH 02 DEG. 29'14" EAST, 93.00 FEET TO A POINT;
29 THENCE, SOUTH 87 DEG. 30' 46 EAST, 92.00 FEET TO A POINT ON THE WEST RIGHT OF WAY
30 LINE OF SAID SEACREST BOULEY ARD, SOUTH 02 DEG. 29' 14" WEST, 161.27 FEET TO THE
31 POINT OF BEGINNING AND CONTAINING 3.87 ACRES (168,650 SQ. FT.) OF LAND.
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34 Subject to easements, restrictions, reservations, covenants and
35 rights of way of record.
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37 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
38 Future Land Use Plan shall be amended accordingly.
39 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
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Section 5: Should any section or provision of this Ordinance or any portion thereofbe
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declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
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remainder of this Ordinance.
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Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
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or appeal provisions provided by the Florida Local Government Comprehensive Planning and
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Land Development Regulation Act. No party shall be vested of any right by virtue of the
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adoption ofthis Ordinance until all statutory required review is complete and all legal challenges,
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including appeals, are exhausted. In the event that the effective date is established by state law or
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special act, the provisions of state act shall control.
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FIRST READING this d day of J:ulllll.ry ,2006.
SECOND, FINAL READING and PASSAGE this ~ day of .l.u.U{"-f1 ' 2007.
CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
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(Corporate Seal)
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