06-002
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1 ORDINANCE NO, 06- 00a,
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE LAND USE ELEMENT
6 OF THE COMPREHENSIVE PLAN FOR A PARCEL
7 OWNED BY PALM BEACH CHINESE CHRISTIAN
8 CHAPEL, INC., PARBHUBHAI K PATEL AND
9 HOWARD K BRITT, AND LOCATED
10 APPROXIMATELY ONE-QUARTER MILE NORTH OF
11 THE INTERSECTION OF GULFSTREAM
12 BOULEVARD BETWEEN FEDERAL HIGHWAY AND
13 OLD DIXIE HIGHWAY; CHANGING THE LAND USE
14 DESIGNATION FROM CHIS (PALM BEACH
15 COUNTY), LOCAL RETAIL COMMERCIAL (LRC)
16 AND GENERAL COMMERCIAL (GC) TO SPECIAL
17 HIGH DENSITY RESIDENTIAL (SHDR); PROVIDING
18 FOR CONFLICTS, SEVERABILITY, AND AN
19 EFFECTIVE frATE.
20
21 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
22 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
23 pursuant to Ordinance No, 89-38 and in accordance with the Local Government
24 Comprehensive Planning Act; and
25 WHEREAS, the procedure for amendment of a Future Land Use Element of a
26 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
27 WHEREAS, after two (2) public hearings the City Commission acting in its dual
28 capacity as Local Planning Agency and City Commission finds that the amendment
29 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
30 the best interest of the inhabitants of said City to amend the aforesaid Element of the
31 Comprehensive Plan as provided.
32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
33 CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA\Ordinances\planning\Land Use\Gulfstream Gardens II.doc
II
1 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
2 herein by this reference.
3
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
4 following:
5 That the Future Land Use of the following described land located approximately one-
6 quarter mile north of the intersection of Gulfstream Boulevard between Federal Highway and
7 Old Dixie Highway in Boynton Beach, Florida shall be changed from CH/5 (Palm Beach
8 County), Local Retail Commercial (LRC) and General Commercial (GC) and shall now be
9 designated as Special High Density Residential (SHDR):
10 See Legal Description Attached Hereto as Exhibit "A"
11
12 Subject to easements, restrictions, reservation and rights of way ofrecord,
13
14
15 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe
16 Future Land Use Plan shall be amended accordingly.
17 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
18 Section 5: Should any section or provision of this Ordinance or any portion thereof be
19 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
20 remainder of this Ordinance.
21 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
22 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
23 Land Development Regulation Act. No party shall be vested of any right by virtue of the
24 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges,
25 including appeals, are exhausted. In the event that the effective date is established by state law or
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1 special act, the provisions of state act shall control.
2 FIRST READING this ~ day of Jo..nUA.r"Y , 2006,
3 SECOND, FINAL READING and PASSAGE this ~ day of JGl..f\Ul1J""f ' 2006,
4 CITY OF BOYNTON BEACH, FLORIDA
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Commissioner
ATTEST:
(Corporate Seal)
S:\CA\Ordinances\Planning\Land Use\Gulfstream Gardens II.doc
LAND DESCRIPTION
GULFSTREAM GARDENS PHASE II
(PCN 08-43-46-04-17-000-0410)
LOTS 41 AND 42, AND LOTS 54 AND 55, LESS THE EAST 300 FEET OF SAID LOTS
54 AND 55 "AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE
PLAT THEREOF, ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT
IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21,
PAGE 73.
TOGETHER WITH:
(PCN 00-43-46-04-17-000-0541)
THE EAST 300 FEET OF LOTS 54 AND 55, AMENDED PLAT OF TRADE WINDS
ESTATES, PALM BEACH COUNTY, FLORIDA ACCORDING TO THE PLAT
RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR
PALM BEACH COUNTY, FLORIDA THEREOF, IN PLAT BOOK 21, PAGE 73,
SUBJECT TO THE EXISTING RIGHT-OF-WAY OF U.S. HIGHWAY #1, TOGETHER
WITH IMPROVEMENTS LOCATED THEREON.
TOGETHER WlTH:
(PCN 00-43-46-04-17-000-0430)
LOTS 43, 53, 53A, AMENDED PLAT OF TRADE WINDS ESTATES, A SUBDIVISION
IN PALM BEACH COUNTY, FLORIDA ACCORDING TO THE PLAT THEREOF ON
FILE IN THE OFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM
BEACH COUNTY, FLORIDA, IN PLAT BOOK 21, PAGE 73.
SAID LANDS CONTAINING A CALCULATED NET AREA OF 238,296.75 SQUARE
FEET (5.47 ACRES), MORE OR LESS.
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