05-011
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1 ORDINANCE NO. 05- or \
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3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE
5 89-38 BY AMENDING THE FUTURE LAND USE
6 ELEMENT OF THE COMPREHENSIVE PLAN
7 FOR A PARCEL OWNED BY KNOLLWOOD
8 GROVES, INC., AND LOCATED ON THE
9 SOUTHWEST CORNER OF THE
10 INTERSECTION OF LAWRENCE ROAD AND
11 THE LWDD L-20 CANAL (APPROXIMATELY 1
12 MILE SOUTH OF HYPOLUXO ROAD);
13 CHANGING THE LAND USE DESIGNATION
14 FROM AGRICULTURE (A) TO LOW DENSITY
15 RESIDENTIAL (LDR); PROVIDING FOR
16 CONFLICTS, SEVERABILITY, AND AN
17 EFFECTIVE DATE.
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19 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has
20 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
21 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local
22 Government Comprehensive Planning Act; and
23 WHEREAS, the procedure for amendment ofaFuture Land Use Element ofa
24 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed;
25 and
26 WHEREAS, after two (2) public hearings the City Commission acting in its
27 dual capacity as Local Planning Agency and City Commission finds that the
28 amendment hereinafter set forth is consistent with the City's adopted Comprehensive
2 9 Plan and deems it in the best interest of the inhabitants of said City to amend the
30 aforesaid Element of the Comprehensive Plan as provided.
31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1: The foregoing WHEREAS clauses are true and correct and
2 incorporated herein by this reference.
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Section 2:
Ordinance No. 89-38 ofthe City is hereby amended to reflect the
4 following:
5 That the Future Land Use of the following described land located on the
6 Southwest corner of the intersection of Lawrence Road and the L WDD L-20 Canal
7 (Approximately 1 mile south of Hypoluxo Road) in Boynton Beach, Florida shall be
8 changed from Agriculture (A) and shall now be designated as Low Density Residential
9 (LDR):
10 The North one-half ofthe Northeast one-quarter of the northeast one-
11 quarter, and the northeast one-quarter of the Northwest one-quarter of
12 the northeast one-quarter of Section 13, Township 45 south, range 42
13 east, Palm Beach County, Florida.
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15 Less and Except
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1 7 The North 40.00 feet thereof and the East 40.00 feet of said north
18 one-half of the Northeast one-quarter of the northeast one-quarter.
19 Said lands situate in the city of Boynton Beach, Palm Beach County,
20 Florida, and contain 30.683 acres, more or less.
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23 Subj ect to easements, restrictions, reservation and rights of way of record.
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26 Section 3: That any maps adopted in accordance with the Future Land Use Element
27 of the Future Land Use Plan shall be amended accordingly.
28 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
29 repealed.
30 Section 5: Should any section or provision ofthis Ordinance or any portion thereof
31 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
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the remainder of this Ordinance.
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Section 6: This Ordinance shall take effect on adoption, subject to the review,
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challenge, or appeal provisions provided by the Florida Local Government Comprehensive
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Planning and Land Development Regulation Act. No party shall be vested of any right by
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virtue of the adoption of this Ordinance until all statutory required review is complete and
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all legal challenges, including appeals, are exhausted. In the event that the effective date is
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established by state law or special act, the provisions of state act shall control.
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FIRST READING this ~ day of Feb(',nri--,2005.
SECOND, FINAL READING and PASSAGE this ~ day of ~_,
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2005.
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2 7 ATTEST:
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CITY OF BOYNTON BEACH, FLORIDA
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Commissioner
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Commissioner
. Planning\Land Use\Knollwood.doc