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ORDINANCE NO. 05- ~
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ORDINANCE
89-38 BY AMENDING THE FUTURE LAND USE
ELEMENT OF THE COMPREHENSIVE PLAN
FOR A PARCEL OWNED BY LENNAR HOMES,
INC., AND LOCATED ON THE EAST SIDE OF
FEDERAL HIGHWAY APPROXIMATELY 1,000
FEET NORTH OF THE BOYNTON (C-16)
CANAL; CHANGING THE LAND USE
DESIGNATION FROM LOW DENSITY
RESIDENTIAL AND LOCAL RETAIL
COMMERCIAL 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 pursuant to Ordinance No. 89-38 and 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 two (2) public hearings the City Commission acting in its
dual capacity as Local Planning Agency and City Commission finds that the
amendment hereinafter set forth is consistent with the City's adopted Comprehensive
Plan and deems it in the best interest of the inhabitants of said City to amend the
aforesaid Element of the Comprehensive Plan as provided.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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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
following:
That the Future Land Use of the following described land located on the east
side of Federal Highway approximately 1,000 feet north of the Boynton (C-I 6) Canal in
Boynton Beach, Florida shall be changed from Low Density Residential and Local
Retail Commercial and shall now be designated as Special High Density Residential:
A parcel of land lying in Section 22, Township 45 South, Range 43
East, Palm Beach County, Florida, being more particularly described
as follows:
That portion of the following described parcel lying east of the
easterly right-of-way line of U.S. #1 (State Road #5)
Commencing at a point 314.74 feet south of the northwest comer of
Section 22, Township 45 South, Range 43 East, on section line
between Sections 21 and 22; thence running east 1427.45 feet parallel
with the north line of said Section 22 to Lake Worth; thence south
158.32 feet; thence west on a line parallel with said section line
1426.53 feet to the section line between Sections 21 and 22; thence
north 158.32 feet to the point of beginning
Subject to easements, restrictions, reservation and rights of way of record.
Section 3: That any maps adopted in accordance with the Future Land Use Element
of the Future Land Use Plan 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
S:\CA\Ordinances\Plannlng\Land Use\Seaview Club.doc
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 /~ dayof JtSLrlt~£~ ,2005.
SECOND, FINAL READING and PASSAGE this [._q- day of
2005.
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CITY OF BOYNTON BEACH, FLORIDA
~Mayor ~- f) /
mmissioner
Commissioner