02-060ORDINANCE NO. 02- O ~ O
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, REGARDING PROPERTY LOCATED ON
THE EAST SIDE OF CONGRESS AVENUE, ADJACENT
TO THE CITY LIMITS; AMENDING ORDINANCE 89-38
BY AMENDING THE FUTURE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN OF THE CITY BY
ADOPTING THE PROPER LAND USE OF PROPERTY
MORE PARTICULARLY DESCRIBED HEREINAFTER;
SAID LAND USE DESIGNATION IS BEING CHANGED
FROM INDUSTRIAL TO HIGH DENSITY RESIDENTIAL
(HDR); PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
~ted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use
by Ordinance No. 89-38 in accordance with the Local Government Comprehensive
Act; and
WHEREAS, the procedure for amendment of a Future Land Use Element of a
Plan as set forth in Chapter 163, .Florida Statutes, has been followed; and
WHEREAS, after public heating and study, the City Commission deems it in the
interest of the inhabitants of said City to amend the aforesaid Element of the
Plan as adopted by the City herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
? BOYNTON BEACH, FLORIDA, THAT:
_Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the
g:
That the Future Land Use of the following described land shall be designated as HDR
Density Residential). Said land is more particularly described as follows:
A parcel of land in a portion of thc Southwest one-quarter (SW 1/4) of Section 5,
Township 46 South, Range 43 East, Palm Beach County, Florida, being more particularly
described as follows: commencing at the Southwest corner of said Section 5; thence run
North (the west line of Section 5 is assumed to bear North-South and all other bearings
are relative thereof) along the West line of Said Section 5, a distance of 110.00 feet to a
point; thence run South 89 degrees 48 minutes 45 seconds East, a distance of 53.00 feet
to a point in the East right-of-way line of Congress Avenue and the Point of Beginning of
the herein described parcel; thence continue on the preceding described course, a distance
of 1460.21 feet to a point in the Westerly right-of-way line of The Seaboard Coast Line
S:\CA\0rdinances\Planning\Land Use\South Congress Land Use - 111202.doc
Railroad; thence run North 18 degrees 21 minutes 59 seconds East, along said Westerly
right-of-way line, a distance of 607.01 feet; thence North 89 degrees 58 minutes 02
seconds West, a distance of 891.35 feet; thence North 0 degrees 01 minutes 58 seconds
East, a distance of 390.75 feet; thence North 48 degrees 35 minutes 55 seconds West, a
distance of 407.05 feet; thence North, a distance of 232.00 feet; thence West, a distance
of 455.00 feet, more or less, to the said Easterly right-of-way line of Congress Avenue;
thence South along said right-of-way line, a distance of 1463.76 feet to the Point of
Beginning. Said parcel subject to the following:
LESS AND EXCEPT:
A right-of-way over the Westerly 80 feet of the Easterly 190 feet (as measured at right
angles to) thereof for the Lake Worth Drainage District Canal No. E-3 1/2, as recorded in
Official Records Book 1803, Page 254, of the Public Records of Palm Beach County,
Florida.
FURTHER LESS AND EXCEPT right-of-way for Congress Avenue conveyed to Palm
Beach County by Deed recorded in Official Records Book 5430, Page 1725, and as
described in Order of Taking recorded in Official records Book 7322, Page 262, of the
Public Records of Palm Beach County, Florida.
SUBJECT TO:
A right-of-way for the Lake Worth Drainage District Lateral Canal L-30 conveyed to the
Lake Worth Drainage District by deed recorded in Official Records Book 6495, Page 761
of the Public Records of Palm Beach County, Florida.
An easement over the Easterly 110 feet (as measured at right angles to) thereof for
Florida Power & Light Company as recorded in Official Records Book 602, Page 623,
dated February 24, 1961.
(PCN 08-43-46-05-00-000-7011)
Section 2: That any maps adopted in accordance with the Future Land Use Element shall
amended accordingly.
Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion thereof be
by a court of competent jurisdiction to be invalid, such decision shall not affect the
of this Ordinance.
Section 5.' This Ordinance shall become effective 31 days after adoption, unless
:hallenged. If challenged, it becomes effective upon the issuance of a final order finding it in
compliance.
FIRST READING this Iq _day of 14OV~0¢~ , 2002.
~\Plannin~\Land Use\South Congress Land Use - 111202.doc --
SECOND, FINAL READING and PASSAGE this
CITY OF B(
day of ~-.m~e~er', 2002.
FLORIDA
Vice Mayor
Co er
Commissioner
::\CA\Ordinances\Planning\Land Use\South Congress Land Use - 111202.doc