13-005 II
1 ORDINANCE NO. 13 -005
2
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
9 AMENDING ORDINANCE 89 -38 BY AMENDING THE FUTURE
LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A
6 PARCEL OWNED BY MANATEE BAY APARTMENTS
CORPORATION AND LOCATED ON THE EAST SIDE OF
6 FEDERAL HIGHWAY APPROXIMATELY 1,000 FEET NORTH OF
P THE BOYNTON C -16 CANAL; CHANGING THE LAND USE
1 DESIGNATION FROM HIGH DENSITY RESIDENTIAL (HDR) TO
11i SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); PROVIDING
1 6 FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE.
1 1
11 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
m rehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
II
1 aCo p p
1 p ursuant to Ordinance No. 89 -38 and in accordance with the Local Government
i 1 Comprehensive Planning Act; and
1: WHEREAS, the procedure for amendment of a Future Land Use Element of a
1 i Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
21 WHEREAS, after two (2) public hearings the City Commission acting in its dual
2
I I ca acit as Local Planning Agency and City Commission finds that the amendment
p capacity g g enc Y Y
21 hereinafter set forth is consistent with the City' s adopted Comprehensive Plan and deems it in
21 the best interest of the inhabitants of said City to amend the aforesaid Element of the
2 A Comprehensive Plan as provided.
21 OW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
2 : CITY OF BOYNTON BEACH, FLORIDA, THAT:
2 Section 1: The foregoing WHEREAS clauses are true and correct and
2: incorporated herein by this reference.
21 Section 2: Ordinance No. 89 -38 of the City is hereby amended to reflect the
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1 following:
2 That the Future Land Use of the following described land located on the east side of
Federal Highway approximately 1,000 feet north of the Boynton C -16 Canal at 1620 North
4 Federal Highway changing the land use designation from High Density Residential (HDR) to
5 Special High Density Residential (SHDR):
6 A parcel of land, being a portion of MANATEE BAY, according to the plat thereof
7 as recorded in Plat Book 92, Pages 170 thru 178 of the Public records of Palm Beach
8 County, Florida, being more particularly described as follows:
9 J
1 0 Commence at the intersection of the Northwest corner of said Manatee Bay, said
11 point being on the East right of way line of US Highway No 1; thence run
12 S.07 °36'49 "W., along the East right of way line of said US Highway No 1 a distance
1 3 of 307.67 feet to the Point of Beginning of the description; thence leaving said East
1 4, right of way line run N.89 °57'45 "E., along said South line of Manatee Bay a distance
1 r of 971.64 feet to a point on the West line of Tract "B ", thence N.02 °17'57 "W., a
1 p distance of 40.94 feet; thence N.16 °51'54 "E., a distance of 14.50 feet; thence leaving
17 said West line of said Tract "B ", run N.89 °57'45 "E., a distance of 321.63 feet to a
1p point on a curve whose radius point bears N.85 °52'57 "E., and having as its elements
1 p a Radius of 1732.07 feet and a central angle of 02 °09'06 "; thence run Southeasterly
2 p , along the arc of the curve a distance of 65.05 feet to the South line of Manatee Bay;
2 thence run S.89 °57'45 "W., along the South line a distance of 1303.06 feet the to
2 aforementioned East right of way line of US Highway No 1; thence N.07 °36'49 "E., a
2 3 distance of 10.09 feet to the Point of Beginning.
2 (1I
2 Said Parcel contains 30,804.48 square feet, 0.708 acres more or less.
2 EI
2 4 7 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
2 i3 Future Land Use Plan shall be amended accordingly.
2 9 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
3 0 Section 5: Should any section or provision of this Ordinance or any portion thereof be
31 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
3 2 remainder of this Ordinance.
3 3 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
3 4 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
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li 1
�i Land Development Regulation Act. No party shall be vested of any right by virtue of the
adoption of this Ordinance until all statutory required review is complete and all legal challenges,
c including appeals, are exhausted. In the event that the effective date is established by state law or
special act, the provisions of state act shall control.
FIRST READING this 19 day of March, 2013.
SECOND, FINAL READING and PASSAGE this 2 day of April, 2013.
CITY OF BOYNTON BEACH, FLORIDA
11 .`or — Je , Taylo
11 � ►�
1 P
1 c Commissioner — David T. erker
1
1 / Li:
1. Commissioner — Woodrow L. ay
is
1$ C mmis • ner Michae Fitzpatrick
21
2 ► Commissioner - Joe Casello
2: ATTEST:
2 A C.6n &-C1--(AC.4.10
2 Ja t M. Prainito, MMC
2 ' ty Clerk
2:
31
3 ' • irlit
3 :
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