14-032 ORDINANCE NO. 14 -032
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 K. HOVNANIAN T &C HOMES AT FLORIDA,
LLC., AND LOCATED AT 2632 NORTH FEDERAL HIGHWAY,
EAST SIDE OF FEDERAL HIGHWAY AND NORTH OF DIMICK
ROAD; CHANGING THE LAND USE DESIGNATION FROM LOW
1) DENSITY RESIDENTIAL (LDR) AND ABANDONED
11 UNDESIGNATED PORTION TO SPECIAL HIGH DENSITY
1 ' RESIDENTIAL (SHDR); PROVIDING FOR CONFLICTS,
1 : SEVERABILITY, AND AN EFFECTIVE DATE.
1 :
1 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
1 . a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
1 pursuant to Ordinance No. 89 -38 and in accordance with the Local Government
1 Comprehensive Planning Act; and
1 WHEREAS, the procedure for amendment of a Future Land Use Element of a
2 it Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
2 WHEREAS, after two (2) public hearings the City Commission acting in its dual
2.' capacity as Local Planning Agency and City Commission finds that the amendment
2 : hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
2 the best interest of the inhabitants of said City to amend the aforesaid Element of the
2 Comprehensive Plan as provided.
2 NOW, 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 incorporated
21 herein by this reference.
3 u Section 2: Ordinance No. 89 -38 of the City is hereby amended to reflect the
C:\ Users\ prainitoj \AppData\Local\Microsoft\Windows \Temporary Internet Files\ Content. 1E5\ TJSA2KNN\Casa_del_Mar_(2014).doc
1 following:
2 That the Future Land Use of the following described land located at 2632 North
3 Federal Highway, east side of Federal Highway and north of Dimick road; changing the land
4 use designation from Low Density Residential (LDR) and abandoned undesignated portion to
5 Special High Density Residential (SHDR).
5 LOTS 25, 26, 27, 28, 29 AND 30, LAKESIDE GARDENS, ACCORDING TO THE PLAT THEREOF,
7 RECORDED IN PLAT BOOK 8, PAGE 57, OF THE PUBLIC RECORDS OF PALM BEACH
8 COUNTY, FLORIDA.
9
10 CONTAINING IN ALL 24,950 SQUARE FEET OR 0.573 ACRES, MORE OR LESS.
1_
12 TOGETHER WITH:
13
14 A PORTION OF LAKE DRIVE, LAKESIDE GARDENS, ACCORDING TO THE PLAT THEREOF, AS
15 RECORDED IN PLAT BOOK 8, PAGE 57, AS RECORDED IN THE PUBLIC RECORDS OF PALM
1 5 BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
17
18 BEGINNING AT THE SOUTHEAST CORNER OF LOT 20, LAKESIDE GARDENS, ACCORDING
19 TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 57, AS RECORDED IN THE
2 0 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 00 °41'36" EAST,
2 _ ALONG THE EAST LINE OF LOTS 20 THROUGH 24 OF SAID LAKESIDE GARDENS, A
22 DISTANCE OF 135.00 FEET TO THE SOUTH LINE OF LOT 1, HULL'S SUBDIVISION,
2 3 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, AS
2 4 RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE
25 SOUTH 89 °18'38" EAST, DEPARTING SAID EAST LINE AND ALONG SAID SOUTH LINE, A
2 5 DISTANCE OF 40.00 FEET TO THE WEST LINE OF LOTS 25 THROUGH 30 OF SAID LAKESIDE
2 GARDENS; THENCE SOUTH 00 °41'36" WEST, DEPARTING SAID SOUTH LINE AND ALONG
2 8 SAID WEST LINE OF LOTS 25 THROUGH 30, A DISTANCE OF 135.02 FEET TO THE EASTERLY
2 9 EXTENSION OF THE SOUTH LINE OF SAID LOT 20 OF LAKESIDE GARDENS; THENCE NORTH
3 0 89°16'57" WEST, DEPARTING SAID WEST LINE AND ALONG SAID SOUTH LINE, A DISTANCE
3 _ OF 40.00 FEET TO THE POINT OF BEGINNING.
32
33 CONTAINING 0.1240 ACRES OR 5,402 SQUARE FEET, MORE OR LESS.
34
3 5 SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS -
3 6 OF -WAY OF RECORD.
3
3 8 Section 3 : That any maps adopted in accordance with the Future Land Use Element of the
3 9 Future Land Use Plan shall be amended accordingly.
4 0 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
C: \Users \prainitoj\AppData\Local \Microsoft\Windows \Temporary Internet Files \ Content. IE5\ TJSA2KNN\Casa_del_Mar_(2014).doc
Section 5: Should any section or provision of this Ordinance or any portion thereof be
► declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
c remainder of this Ordinance.
Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
. or appeal provisions provided by the Florida Local Government Comprehensive Planning and
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,
: 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.
11 FIRST READING this a day of MARCH , 2015.
1 SECOND, FINAL READING and PASSAGE this / day of MR p,CI -j, 2015.
1 ' CITY OF BOYNTON BEACH, FLORIDA
1 :
1. YES NO
1 . Mayor — Jerry Taylor ✓
1
1 Vice Mayor — Joe Casello ✓
1;:
1 Commissioner — David T. Merker
2
2 Commissioner — Mack McCray
2
2 t Commissioner — Michael M. Fitzpatrick
2
2
2 ,, VOTE
2 ' ATTEST:
2 :;
2 ; Pk . .
3 Ja •t M. Prainito, MMC
3. 'rty
3 ; G'
3 -
y
\WP \• P INANC 0 5 \14 -032 Casa_del_Mar_(2014).doc
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EXHIBIT "A"
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1 ORDINANCE NO. 14 -032
A N 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
D PARCEL OWNED BY K. HOVNANIAN T &C HOMES AT FLORIDA,
+ LLC., AND LOCATED AT 2632 NORTH FEDERAL HIGHWA , 1
EAST SIDE OF FEDERAL HIGHWAY AND NORTH OF DIM K
;I ROAD; CHANGING THE LAND USE DESIGNATION FROM OW
1 n( DENSITY RESIDENTIAL (LDR) AND ABAN ONED
1 UNDESIGNATED PORTION TO SPECIAL HIGH 'r ENSITY
1,1 RESIDENTIAL (SHDR); PROVIDING FOR 4 NFLICTS,
1 SEVERABILITY, AND AN EFFECTIVE DATE.
1 1
1 ; WHEREAS, the City Commission of the City of Boy on Beach, Florida has adopted
1 a Comprehensive Future Land Use Plan and as part of : id Plan a Future Land Use Element
171 pursuant to Ordinance No. 89 -38 and in ordance with the Local Government
1 31 Comprehensive Planning Act; and
i �
1j WHEREAS, the procedure 'or amendment of a Future Land Use Element of a
'1
2 Comprehensive Plan as set fort y in Chapter 163, Florida Statutes, has been followed; and
2 WHEREAS, afte wo (2) public hearings the City Commission acting in its dual
2 capacity as Local ' anning Agency and City Commission finds that the amendment
2 hereinafter set ' rth is consistent with the City's adopted Comprehensive Plan and deems it in
2 .( the best i , erest of the inhabitants of said City to amend the aforesaid Element of the
2 . Com. ehensive Plan as provided.
2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
2 r CITY OF BOYNTON BEACH, FLORIDA, THAT:
2 I Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
2 i herein by this reference.
3 i Section 2: Ordinance No. 89 -38 of the City is hereby amended to reflect the
i
C 'Users' \pramdot \AppData\ Local \Mlcrosolt \Wmdo\ \s'\Temporary Internet Files \Content 1E5 \QXD)PCBLI \Casa del Mar (2014) doc
following:
2' That the Future Land Use of the following described land loca -d at 2632 North
3 Federal Highway, east side of Federal Highway and north of Dimick sad; changing the land
4 1 use designation from Low Density Residential (LDR) and aband . ed undesignated portion to
.1 Special High Density Residential (SHDR).
LOTS 25, 26, 27, 28, 29 AND 30. LAKESIDE GARDENS • CCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 8, PAGE 57, OF TH • PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
1 1 CONTAINING IN ALL 24,950 SQUARE FEET • • 0.573 ACRES, MORE OR LESS.
1
1 ' TOGETHER WITH.
1:
1 A PORTION OF LAKE DRIVE, LAKESID' GARDENS, ACCORDING TO THE PLAT THEREOF, AS
1 RECORDED IN PLAT BOOK 8, PAGE :7, AS RECORDED IN THE PUBLIC RECORDS OF PALM
1 BEACH COUNTY, FLORIDA, BE1N G MORE PARTICULARLY DESCRIBED AS FOLLOWS:
1
1 BEGINNING AT THE SOUTHEA : CORNER OF LOT 20, LAKESIDE GARDENS, ACCORDING
1 TO THE PLAT THEREOF, AS CORDED IN PLAT BOOK 8, PAGE 57, AS RECORDED IN THE
2 PUBLIC RECORDS OF PAL :EACH COUNTY, FLORIDA; THENCE NORTH 00 °41'36" EAST,
2 ALONG THE EAST LINE 4F LOTS 20 THROUGH 24 OF SAID LAKESIDE GARDENS, A
2 • DISTANCE OF 135.00 F'ET TO THE SOUTH LINE OF LOT 1, HULL'S SUBDIVISION,
2 : ACCORDING TO THE ' LAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, AS
2 RECORDED IN THE BLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE
2 . SOUTH 89 °18'38" E • .T, DEPARTING SAID EAST LINE AND ALONG SAID SOUTH LINE, A
2 DISTANCE OF 40.0 FEET TO THE WEST LINE OF LOTS 25 THROUGH 30 OF SAID LAKESIDE
2 ► GARDENS; THE E SOUTH 00 °41'36" WEST, DEPARTING SAID SOUTH LINE AND ALONG
2 : SAID WEST LI OF LOTS 25 THROUGH 30, A DISTANCE OF 135.02 FEET TO THE EASTERLY
2 EXTENSION THE SOUTH LINE OF SAID LOT 20 OF LAKESIDE GARDENS; THENCE NORTH
3 f1 89°16'57" W T, DEPARTING SAID WEST LINE AND ALONG SAID SOUTH LINE, A DISTANCE
3 i OF 40.00 F • _T TO THE POINT OF BEGINNING.
3' '
3 :j CONT • ING 0.1240 ACRES OR 5.402 SQUARE FEET, MORE OR LESS.
3I 3
3'. SUB, CT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS. AND RIGHTS -
3 OF AY OF RECORD.
3
3 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
3 Future Land Use Plan shall be amended accordingly.
4 4 1 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
C \ Users \pram,tol\AppData \Local \Microsoft\Windows \'temporary Internet Files \Content 1E51QXD1PCBU \Casa_delMar (2014) doc
it
I
-1 Section 5: Should any section or provision of this Ordinance or any portio thereof be
declared by a court of competent jurisdiction to be invalid, such decision s 1 not affect the
remainder of this Ordinance. r'
/ ■
Section 6: This Ordinance shall take effect on adoption, subje• to the review, challenge,
$j or appeal provisions provided by the Florida Local Governmen omprehensive Planning and
I'
Land Development Regulation Act. No party shall be v: ted of any right by virtue of the
adoption of this Ordinance until all statutory required re ' iew is complete and all legal challenges,
;: including appeals, are exhausted. In the event that e effective date is established by state law or
special act, the provisions of state act shall co' rol.
101 FIRST READING this 3rd day of ' ebruary, 2015.
4 SECOND, FINAL READIN and PASSAGE this day of , 2015.
{
1 CITY OF BOYNTON BEACH, FLORIDA
1 3
14 Y
1 Mayor — Jerry Taylor
1 14
1;: Vice Mayor — Joe Casello
1 v
2 ., 1
2 { Commissioner — David T. Merker
2'
2: A`
`'�
2'! Commissioner — Mack McCray
2'.
2. •1
2 r Commissioner — Michael M. Fitzpatrick
2 ATTEST:
3 4
3 Janet M. Prainito, MMC, jai 3 'I City Clerk ^ _
3: (Corporate Seal) d — 3 —
3.!
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