04-0221
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ORDINANCE NO. 04-0 0~
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING PROPERTY
CONSISTING OF APPROXIMATELY 18.32 ACRES
AND MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING ORDINANCE 89-38 BY AMENDING
THE FUTURE LAND USE ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY FOR THE
SUBJECT PROPERTY THE LAND USE
DESIGNATION IS BEING CHANGED FROM
AGRICULTURE (A) TO LOW DENSITY
RESIDENTIAL; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
Use Element by Ordinance No. 89-38 in accordance with the Local Government
Comprehensive Planning Act; and
WHEREAS, the procedure for amendment of a Future Land Use Element of a
Comprehensive 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
best interest of the inhabitants of said City to amend the aforesaid Element of the
Comprehensive Plan as adopted by the City herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The foregoing WHEREAS clauses are true and correct and
incorporated 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
Low Density Residential (LDR). Said land is more particularly described as follows:
The East 643.18 feet, as measured at right angles to
the East Line thereof, of Tracts 9 and 16, Northeast
One-Quarter (NE lA) of Section 12, as shown on the
AMENDED PLAT OF SECTION 12, TOWHSHIP 45
SOUTH, RANGE 42 EAST, MARY A. LYMAN ET AL,
as recorded in Plat Book 9, at page 74, in and for the
Public Records of Palm Beach County, Florida:
Said lands contain 18.3194 Acres, or 797,995 square
feet more or less.
Section 3: That any maps adopted in accordance with the Future Land Use Element
shall be amended accordingly.
Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
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 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.
FIRST READING this '7 dayof J~¢~' J ,2004.
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1 SECOND, FINAL READING and PASSAGE this oQo dayof Ao¢~ ! ,2004.
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(Corporate Seal)
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CITY OF BOYNTON BEACH, FLORIDA