06-008
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1 ORDINANCE NO. 06- 008
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 MILDRED MARTIN, AND LOCATED AT
8 401 OLD DIXIE HIGHWAY; CHANGING THE LAND
9 USE DESIGNATION FROM LOCAL RETAIL
10 COMMERCIAL (LRC) TO MEDIUM DENSITY
11 RESIDENTIAL (9.68 DWELLING UNITS PER ACRE);
12 PROVIDING FOR CONFLICTS, SEVERABILITY, AND
13 AN EFFECTIVE DATE.
14
15 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted
16 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
17 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
18 Comprehensive Planning Act; and
19 WHEREAS, the procedure for amendment of a Future Land Use Element of a
20 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
21 WHEREAS, after two (2) public hearings the City Commission acting in its dual
22 capacity as Local Planning Agency and City Commission finds that the amendment
23 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
24 the best interest of the inhabitants of said City to amend the aforesaid Element of the
25 Comprehensive Plan as provided.
26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
27 CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section I: The foregoing WHEREAS clauses are true and correct and incorporated
2 9 herein by this reference.
30
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
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1 following:
2 That the Future Land Use of the following described land located at 401 Old Dixie
3 Highway in Boynton Beach, Florida shall be changed from Local Retail Commercial (LRC)
4 and shall now be designated as Medium Density Residential (9.68 dwelling units per acre):
5 ALL THAT PART OF THE SOUTH 81.69 FEET OF SECTION 33, TOWNSHIP 45
6 SOUTH, RANGE RE EAST, PALM BEACH COUNTY FLORIDA, LYING BETWEEN
7 THE RIGHT OF WAY OF THE FLORIDA EAST COAST RAIL WAY AND THE RIGHT
8 OF WAY OF THE OLD DIXIE HIGHWAY; LESS A PARCEL OF LAND IN SECTION
9 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY FLORIDA
10
11 BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 33,
12 WITH THE EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COASTRAILW AY,
13 THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 33, A
14 DISTANCE OF 409.8 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO THE
15 PRECEDING COURSE, A DISTANCE OF 81.69 FEET; THENCE WESTERLY,
16 PARALLEL TO THE SOUTH LINE OF SECTION 33, A DISTANCE OF 97,00 FEET TO
17 THE INTERSECTION OF THE SAID EAST RIGHT OF WAY OF THE FLORIDA EAST
18 COAST RAILWAY; THENCE SOUTHERLY ALONG THE EAST RIGHT OF WAY
19 LINE OF THE FLORIDA EAST COAST RAIL WAY, A DISTANCE OF 82.69 FEET TO
20 THE POINT OF BEGINNING
21
22
23 Subject 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 ofthe
27 Future Land Use Plan shall be amended accordingly.
28 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
2 9 Section 5: Should any section or provision of this Ordinance or any portion thereof be
30 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
31 remainder of this Ordinance.
32 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
33 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
34 Land Development Regulation Act. No party shall be vested of any right by virtue of the
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adoption ofthis Ordinance until all statutory required review is complete and all legal challenges,
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including appeals, are exhausted. In the event that the effective date is established by state law or
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special act, the provisions of state act shall control.
FIRST READING this ~ day of Ja.t\uo..r'l ' 2006.
SECOND, FINAL READING and PASSAGE this ~ day of Ja.n~'f ,2006,
CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
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