03-028 ORDINANCE NO. 03- ~
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF S.
CONGRESS AVENUE AND SW 35m AVENUE
(ARBOLATA TOWNHOMES); AMENDING
ORDINANCE 89-38 BY AMENDING THE FUTURE
LAND USE ELEMENT OF THE COMPREHENSIVE
PLAN OF THE CITY FOR THE PROPERTY MORE
PARTICULARLY DESCRIBED HEREINAFTER; THE
LAND USE DESIGNATION IS BEING CHANGED
FROM INDUSTRIAL (I) 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
Element by Ordinance No. 89-38 in accordance with the Local Government
Uomprehensive Planning 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 hearing 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
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The foregoing WHEREAS clauses are true and correct and
herein by this reference.
Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the
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following:
That the Future Land Use of the following described land shall be designated as
~ Residential (HDR). Said land is more particularly described as follows:
TRACT OF LAND LYING IN THE SOUTHWEST QUARTER (S.W. 1/4) OF THE
;ST QUARTER (N.W. 1/4) OF SECTION 5, TOWNSHIP 46 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
ED AS FOLLOWS:
COMMENCE AT THE WEST QUARTER CORNER OF SAID SECTION 5; THENCE
1°08'20" EAST, AN ASSUMED BEARING, ALONG THE WESTERLY
OF SAID SECTION BEING ALSO THE CENTERLINE OF CONGRESS
AVENUE, 572.10 FEET TO A POINT; THENCE RUN DUE EAST, PARALLEL WITH
SOUTHERLy BOUNDARY O F T HE AFORESAID NORTHWEST QUARTER
[(N.W. 1/4), 53 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE
IEASTERLY RIGHT OF WAY LINE OF CONGRESS AVENUE, AND THE POINT OF
IEB .Eg_INNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE DUE
I~Als'r, 1300.32 FEET TO A POINt IN THE EASTERLY BOUNDARy OF THE
]~A~'~ ~,R~, ,S,,A~I~.~S ,O~T_I-I_ _W_EST QUARTER (S.W. 1/4)OF THE NORHTWEST QUARTER
i~.~'~.w, l/,~), ~HtZNCE SOUTH 1 °05'30" WEST, ALONG SAID EASTERLY BOUNDARY,
~572.11 FEET TO A POINT, THENCE DUE WEST, 1300.84 FEET TO A POINT; THENCE
~_ORTH 1°05'30" EAST, 572.10 FEET TO THE POINT OF BEGINNING, LESS THE
INORTH 30 FEET THEREOF AND LESS THE ROAD RIGHT OF WAY FOR
SS AVENUE.
16.0871 ACRES MORE OR LESS.
(PCN 08-43-46-05-00-000-3030)
Section 2: That any maps adopted in accordance with the Future Land Use Element
be amended accordingly.
Section 3: All ordinances or parts of ordinances in conflict herewith are hereby
Section 4: Should any section or provision of this Ordinance or any portion thereof
declared by a court of competent jurisdiction to be invalid, such decision shall not affect
the remainder of this Ordinance.
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Section 5: This Ordinance shall take effect on adoption, subject to the review,
challenge, or appeal provisions provided by the Florida Local Government Comprehensive
and Land Development Regulation Act. No party shall be vested of any right by
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
by state law or special act, the provisions of state act shall control.
FIRST READING this ~ day of Ju.~ ,2003.
SECOND, FINAL READING and PASSAGE this / ~ dayof ~"~1~. ,2003.
]}(Corporate Seal)
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