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ORDINANCE NO. 04- 095
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING PROPERTY
CONSISTING OF APPROXIMATELY 2.46 ACRES
AND LOCATED ON THE WEST SIDE OF SOUTH
FEDERAL HIGHWAY, APPROXIMATELY ',4 MIllE
SOUTH OF OLD DIXIE HIGHWAY; AMENDING
ORDINANCE 89-38 BY AMENDING THE FUTURE
LAND USE ELEMENT OF THE COMPREHENSIVE
PLAN OF THE CITY FOR THE PROPERTY MORE
PARTICULARLY DESCRIBED HEREIN; THE LAND
USE DESIGNATION IS BEING CHANGED FROM
COMMERCIAL HIGH (UNINCORPORATED PALM
BEACH COUNTY) TO SPECIAL HIGH 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 hearing 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.
S:\CA\Ordinances\Planning\Land Use\Bayfront Land Use.doc
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Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the
following:
That the Future Land Use of the following described land shall be designated as
Special High Density Residential (SHDR). Said land is more particularly described as
follows:
Lots 56 & 57, "Amended Plat of Tradewind Estates" according to the Plat thereof as
recorded in Plat Book 21, Page 73 of the Public Records of Palm Beach County, Florida,
Less a portion of Lot 57 for Right-of Way of State Road No. 5 as shown on State of
Florida State Road Department fight-of-way map section No. 9301-205.
Containing approximately 2.46 acres of land.
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repealed.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
I 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 [~ day of ,~q~ ,2004.
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SECOND, FINAL READING and PASSAGE this [ day of ~ ,2004.
/I
O B % FLORID
CITY OF BOYNT N EA H, A
ATTEST:
S:\,CA\Ordinances\Planning\Land Use\Bayfront Land Use.doc