05-037
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1 ORDINANCE NO. 05-037
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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 ZYGMUNT
8 JADCZAK, AND LOCATED BETWEEN
9 LAWRENCE ROAD AND MILITARY TRAIL
10 APPROXIMATELY 700 FEET SOUTH OF THE
11 LAKE WORTH DRAINAGE DISTRICT L-20
12 CANAL; CHANGING THE LAND USE
13 DESIGNATION FROM MR-5 MEDIUM DENSITY
14 RESIDENTIAL AT 5/DU/AC WITH PUD ZONING
15 (PALM BEACH COUNTY) TO LOW DENSITY
16 RESIDENTIAL (LDR); PROVIDING FOR
17 CONFLICTS, SEVERABILITY, AND AN
18 EFFECTIVE DATE.
19
20 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has
21 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
22 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local
23 Government Comprehensive Planning Act; and
24 WHEREAS, the procedure for amendment of a Future Land Use Element of a
25 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed;
26 and
27 WHEREAS, after two (2) public hearings the City Commission acting in its
28 dual capacity as Local Planning Agency and City Commission finds that the
29 amendment hereinafter set forth is consistent with the City's adopted Comprehensive
30 Plan and deems it in the best interest of the inhabitants of said City to amend the
31 aforesaid Element of the Comprehensive Plan as provided.
32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
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1 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2 Section 1: The foregoing WHEREAS clauses are true and correct and
3 incorporated herein by this reference.
4 Section 2: Ordinance No. 89-38 ofthe City is hereby amended to reflect the
5 following:
6 That the Future Land Use of the following described land located between
7 Lawrence Road and Military Trial approximately 700 feet south of the Lake Worth
8 Drainage District L-20 Canal in Boynton Beach, Florida shall be changed from MR-5
9 Medium Density Residential at 5/du/ac with PUD zoning (Palm Beach County) and
10 shall now be designated as Low Density Residential (LDR):
11 THE NORTH 12 OF THE SOUTHEAST Y4 OF THE NORTHWEST
12 'l4 OF THE NORTHEAST 'l4 IN SECTION 13, TOWNSHIP 45
13 SOUTH, RANGE 42 EAST OF THE PUBLIC RECORDS, PALM
14 BEACH COUNTY, FLORIDA.
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17 Subject to easements, restrictions, reservation and rights of way of record.
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20 Section 3: That any maps adopted in accordance with the Future Land Use Element
21 of the Future Land Use Plan shall be amended accordingly.
22 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
23 repealed.
24 Section 5: Should any section or provision ofthis Ordinance or any portion thereof
25 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
26 the remainder of this Ordinance.
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27 Section 6: This Ordinance shall take effect on adoption, subject to the review,
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1 challenge, or appeal provisions provided by the Florida Local Government Comprehensive
2 Planning and Land Development Regulation Act. No party shall be vested of any right by
3 virtue of the adoption ofthis Ordinance until all statutory required review is complete and
4 all legal challenges, including appeals, are exhausted. In the event that the effective date is
5 establìshed by state law or special act, the provisions of state act shall control.
6 FIRST READING this ~ day of July ,2005.
7 SECOND, FINAL READING and PASSAGE this ~ day Of~,
8 2005.
9 CITY OF BOYNTON BEACH, FLORIDA
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18 J::e,
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21 CommIssioner I
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24 Commissioner
25 ATTEST:
26 1n.. p~
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