24-007 1 ORDINANCE NO. 24-007
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 BY
5 AMENDING THE FUTURE LAND USE MAP OF THE CITY OF BOYNTON
6 BEACH, FLORIDA, FOR AN APPROXIMATELY .587 ACRE PARCEL OF
7 REAL PROPERTY LOCATED AT 2508 NORTH FEDERAL HIGHWAY,
8 BOYNTON BEACH, FLORIDA, BY CHANGING THE FUTURE LAND USE
9 CLASSIFICATION FROM LOCAL RETAIL COMMERCIAL (LRC) TO HIGH
10 DENSITY RESIDENTIAL (HDR); DECLARING THE PROPOSED
11 AMENDMENT TO THE FUTURE LAND USE MAP TO BE CONSISTENT
12 WITH ALL OTHER ELEMENTS OF THE COMPREHENSIVE PLAN OF THE
13 CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING
14 FOR AN EFFECTIVE DATE.
15
16 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted a
17 Comprehensive Future Land Use Plan inclusive of a Future Land Use Element pursuant to
18 Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act;
19 and
20 WHEREAS, B&B Florida Holdings, LLC, has requested an amendment to the Future Land
21 Use Map classification of a parcel of land located at 2508 North Federal Highway, Boynton Beach,
22 FL, more particularly described in Exhibit "A,"from Local Retail Commercial (LRC) to High Density
23 Residential (HDR); and,
24 WHEREAS, the permitted uses within the Future Land Use Map category are compatible
25 with the surrounding and existing land uses; and,
26 WHEREAS, the property owner has also applied to rezone the property from the
27 Community Commercial (C-3) to Infill Planned Unit Development (IPUD); and,
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28 WHEREAS, the procedure for amendment of a Future Land Use Element of a
29 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
30 WHEREAS, after public hearings, the City Commission, acting in its dual capacity as the
31 Local Planning Agency and City Commission, finds that the Future Land Use Map amendment is
32 consistent with the City's Comprehensive Plan and provisions of Chapter 163, Part II, Florida
33 Statutes; and,
34 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the
35 requirements of section 166.041, Florida Statutes, and the City's Land Development Regulations;
36 and
37 WHEREAS, after careful review of the application, staff has determined that the proposed
38 amendment complies with the City's Comprehensive Plan and is consistent with section 163.3184,
39 Florida Statutes; and
40 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein,
41 which contains data and analysis supporting the Future Land Use Map amendment; and
42 WHEREAS, the City Commission finds that the proposed Future Land Use Map
43 amendment is consistent with the City's Comprehensive Plan and Land Development Regulations
44 and is in the best interest of the public to amend the Future Land Use Element of the
45 Comprehensive Plan as hereinafter provided.
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46 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
47 BOYNTON BEACH, FLORIDA:
48 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and
49 correct and are hereby made a specific part of this Ordinance upon adoption hereof.
50 Section 2: Decision. Ordinance No. 89-38 of the City is hereby amended to
51 reflect the following: The City's Future Land Use Map is hereby amended from Local Retail
52 Commercial (LRC) to High Density Residential (HDR) for a ± .587-acre parcel generally located at
53 2508 North Federal Highway, Boynton Beach, FL, as depicted in Exhibit "B."
54 Section 3: Amendment to Future Land Use Map. The Director of Planning and
55 Zoning is further authorized to make the necessary changes as required to the Future Land Use
56 Map to reflect the above stated change.
57 Section 4: Authorization to Transmit. The City Manager or designee is hereby
58 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the
59 provisions of the Community Planning Act, if required.
60 Section 5: Severability. The provisions of this Ordinance are declared to be
61 severable and if any clause, section, or other part of this Ordinance shall for any reason be held
62 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
63 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being
64 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
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65 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of
66 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict.
67 Section 7: Effective Date. This Ordinance shall take effect immediately upon
68 adoption.
69
70 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
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71 FIRST READING this 2"d day of April 2024.
72 SECOND, FINAL READING, AND PASSAGE this pday of Apr I, 2024.
73 CITY OF BOYNTON BEACH, FLORIDA
74 YES NO
75 /
76 Mayor-Ty Penserga
77
78 00114,55;ung—Thomas Tu rki n -Asbs en+
79
80 epmrn%sS«syNcr—Woodrow L. Hay
81
82 COMssus -Angela Cruz
83
84 Viet •c--Aimee Kelley
85
86 VOTE
87 I •ST:
88
89 /�tile
90 Mayl:- n: esus, M C 'v-rga
91 City CIS Ma,%
92 =py NTON`‘‘
93 �� ..paRaT•�, •PPROVED AS TO FORM:
94 (Corporate Seal) f O...0 F'•:y %
95 _�: SEAL • � �,,
yamh
96 U% INCORPORATED
NCORPORAED /;,,
97 �� 192 Shawna G. Lamb
98 11It%� •.FLOR\OP City Attorney
.
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Exhibit A
Legal Description
Address: 2508 North Federal Highway, Boynton Beach, FL
PCN: 08-43-45-15-02-000-1250
Legal Description: Lots 125, 126,and 127,and Lots 128 to 133 inclusive, Less the Westerly
64.69 feet of said Lots 128 to 133 inclusive, and Less that part of Lot 128 which is included
in the external area formed by a 12-foot radius arc, tangent to the North line of said lot 128
and tangent to a line parallel to and 64.69 feet Easterly of when measured along the South
line of said Lot 128, the West line of said Lot 128, Lakeside Gardens, according to the Plat
thereof, as recorded in Plat Book 8, Page 57, of the Public Records of Palm Beach County,
Florida.
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Exhibit B
Future Land Use
Exhibit B Propose Future Land User ,, ,
Potter Townhomes - 2 r : J • r . B E A C
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Ii EN LOW DENSITY RESIDENTIAL(LDR);7-5 D.U./Acre
t
ME MEDIUM DENSITY RESIDENTIAL(MEDR);11 D.U./Acre
MO LOCAL RETAIL COMMERCIAL(LRC)
MI RECREATIONAL(R)
''4 Q- 1 s 30 60 90 1-0 .w.. Parcel
N l-' 1•• ,r Feet I
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