15-028 ORDINANCE NO. 15 -028
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
PROPERTY OWNED BY VARIOUS OWNERS AND BOUNDED BY
' NORTH SEACREST BOULEVARD ON THE WEST, NORTHEAST
1 STREET ON THE EAST, NORTHEAST 7 AVENUE ON THE
NORTH AND NORTHEAST 6 AVENUE ON THE SOUTH;
10 CHANGING THE LAND USE DESIGNATION FROM HIGH
1 DENSITY RESIDENTIAL (HDR) TO MIXED USE (MX);
1.' PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN
1 ; 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 i) 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.
21, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
1
2 CITY OF BOYNTON BEACH, FLORIDA, THAT:
2: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
2 herein by this reference.
3 1 Section 2: Ordinance No. 89 -38 of the City is hereby amended to reflect the
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3 1 following:
32 That the Future Land Use of the following described land bounded by North Seacrest
3 3 Boulevard on the west, Northeast 1 Street on the east, Northeast 7th Avenue on the north and
3 4 Northeast 6 Avenue on the south changing the land use designation from High Density
3.i Residential (HDR) to Mixed Use (MX).
3 6 OCEAN BREEZE EAST
3
38 LOTS 1 THROUGH 12, INCLUSIVE, BLOCK 1, PALM BEACH COUNTRY CLUB
3 9 ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
4 0 11, PAGE 43, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS ALL
4 _ THAT PORTION OF LOTS 1 AND 2 LYING WEST OF THE EAST RIGHT OF WAY
4 2 LINE, AND LESS THE EXTERNAL AREA OF A 20 FOOT RADIUS CURVE, OF
4 3 SEACREST BOULEVARD AS SHOWN ON THE RIGHT OF WAY MAP THEREOF,
4 4 RECORDED IN ROAD BOOK 5, PAGE 182, PUBLIC RECORDS OF PALM BEACH
4 5 COUNTY, FLORIDA.
46
4 1 TOGETHER WITH:
48
4 9 THE SOUTH 1/2 OF THE EAST 1/2 OF LOT 2 OF THE SUBDIVISION OF THE WEST
50 1/2 OF THE SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43
5 _ EAST, AS RECORDED IN PLAT BOOK 1, PAGE 4, PUBLIC RECORDS OF PALM
52 BEACH COUNTY, FLORIDA, LESS THE EAST 25 FEET FOR N.E. 1ST STREET
5 3 RIGHT OF WAY, LESS THE SOUTH 25 FEET FOR N.E. 6TH AVENUE RIGHT OF
5 4 WAY, AND LESS ALL THAT PORTION THEREOF LYING WEST OF THE EAST
5 5 RIGHT OF WAY LINE, AND LESS THE EXTERNAL AREA OF A 20 FOOT RADIUS
5 6 CURVE, OF SEACREST BOULEVARD AS SHOWN ON THE RIGHT OF WAY MAP
5 THEREOF, RECORDED IN ROAD BOOK 5, PAGE 182, PUBLIC RECORDS OF PALM
5 8 BEACH COUNTY, FLORIDA.
5 9
6 0
6' Section 3: That any maps adopted in accordance with the Future Land Use Element of the
62 Future Land Use Plan shall be amended accordingly.
6 3 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
64 Section 5: Should any section or provision of this Ordinance or any portion thereof be
65 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
6 6 remainder of this Ordinance.
6 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
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63 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
69 Land Development Regulation Act. No party shall be vested of any right by virtue of the
7) adoption of this Ordinance until all statutory required review is complete and all legal challenges,
71 including appeals, are exhausted. In the event that the effective date is established by state law or
72 special act, the provisions of state act shall control.
73 FIRST READING this 6 day of October, 2015.
74 SECOND, FINAL READING and PASSAGE this 20 day of October, 2015.
7 ,5 CITY OF BOYNTON BEACH, FLORIDA
75
77 YES NO
78 Mayor — Jerry Taylor ,7
79
80 Vice Mayor — Joe Casello ✓
8_
82 Commissioner — David T. Merker ✓
83
8 4 Commissioner — Mack McCray ,/
8 5
8 5 Commissioner — Michael M. Fitzpatrick L✓
87
88
89 VOTE 5 -0
90 ATTEST:
9_
93 40 t r'. IALL4;_if
94 . , et M. Prainito, MMC
9 ' • rty Clerk
97 (t ", S-0,1
'\
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