06-022
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ORDINANCE NO. 06- oa~
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 THE CITY OF BOYNTON BEACH AND
LOCATED APPROXIMATELY AT 211 NORTHWEST
13TH AVENUE; CHANGING THE LAND USE
DESIGNATION FROM MEDIUM DENSITY
RESIDENTIAL (MeDR) AT 9.68 DUlAC TO
RECREATIONAL (R); PROVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission ofthe 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:
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
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II
1 following:
2 That the Future Land Use of the following described land located at 204 Northwest
3 13th Avenue, 206 Northwest 13th Avenue, 210 Northwest 13th Avenue, 211 Northwest 13th
4 Avenue, 216 Northwest 13 th Avenue, 1401 Northwest 1st Street, 1407 Northwest 1st Street and
5 the Northeast portion of Parcel 3 in Boynton Beach, Florida shall be changed from Medium
6 Density Residential (MeDR) at 9.68 du/ac and shall now be designated as Recreational (R):
7 See Legal Description attached hereto as Exhibit "A"
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9 Subject to easements, restrictions, reservation and rights of way of record.
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12 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe
13 Future Land Use Plan shall be amended accordingly.
14 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
15 Section 5: Should any section or provision of this Ordinance or any portion thereof be
16 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
1 7 remainder of this Ordinance.
18 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
19 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
20 Land Development Regulation Act. No party shall be vested of any right by virtue of the
21 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges,
22 including appeals, are exhausted. In the event that the effective date is established by state law or
23 special act, the provisions of state act shall control.
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FIRST READING this ~ day of Fe beu.a..r-, ,2006.
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SECOND, FINAL READING and PASSAGE this ~ day of ~, 2006.
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CITY OF BOYNTON BEACH, FLORIDA
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18 ATTEST:
19~
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~ ~ ( Cit Clerk
23 (Corp
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~'7/ )~
tflayor
Vice Mayor
~~
~issi~ner
/~ C ~~
Commissioner
Yn.~
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WILSON PARK REZONING
LEGAL DESCRIPTIONS OF SUBJECT PROPERTIES
1) PCN: 08-43-45-21-14-000-5191
LEGAL DESCRIPTION:
THE SOUTH 68.34 FEET OF LOTS 519 AND 520 OF CHERRY HILLS ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA
2) PCN: 08-43-45-21-14-000-5192
LEGAL DESCRIPTION:
THE NORTH 50.00 FEET OF LOTS 519 AND 520 OF CHERRY HILLS
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE
58 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA
3) PCN: 08-43-45-21-14-000-5060
LEGAL DESCRIPTION:
LOTS 506 AND 507 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
4) PCN: 08-43-45-21-14-000-5030
LEGAL DESCRIPTION:
LOTS 503 AND 504 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
5) PCN: 08-43-45-21-14-000-4990
LEGAL DESCRIPTION:
LOTS 499 AND 500 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
6) PCN: 08-43-45-21-14-000-5210
LEGAL DESCRIPTION:
LOTS 521 AND 522 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
7) PCN: 08-43-45-21-14-000-5010
LEGAL DESCRIPTION:
LOTS 501 AND 502 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
8) A PORTION OF PCN: 08-43-45-21-00-000-3070
LEGAL DESCRIPTION:
A PORTION OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS
BOOK 6359, AT PAGE 818 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, LYING WITHIN THE NORTHWEST ONE-QUARTER (NW Yt) OF
SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, FLORIDA, AND LYING
SOUTH OF THE SOUTH RIGHT OF WAY LINE OF THE LAKE WORTH
DRAINAGE DISTRICT CANAL C-16 (ALSO KNOWN AS THE BOYNTON
CANAL), BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF LOT 519, CHERRY HILLS
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 4, PAGE 58, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE SOUTH 89053'46" WEST ALONG THE NORTH LINE OF SAID
LOT 519 AND THE NORTH LINE OF LOTS 520, 521 AND 522 OF SAID CHERRY
HILLS SUBDIVISION FOR A DISTANCE OF 100.00 FEET; THENCE NORTH
01049'00" WEST ALONG THE NORTHERLY EXTENSION OF THE WEST LINE OF
SAID LOT 522 FOR A DISTANCE OF 53.42 FEET TO A POINT ON THE NORTH
LINE OF THE PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK
6359, AT PAGE 818, SAID NORTH LINE BEING COINCIDENT WITH THE SOUTH
RIGHT OF WAY LINE OF THE LAKE WORTH DRAINAGE DISTRICT CANAL C-
16; THENCE NORTH 89046'40" EAST ALONG SAID NORTH LINE FOR A
DISTANCE OF 99.99 FEET TO A POINT OF INTERSECTION WITH THE
NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 519; THENCE
SOUTH 01049'00" EAST 53.63 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF BOYNTON BEACH, PALM
BEACH COUNTY, FLORIDA
CONTAINING 5,350 SQUARE FEET MORE OR LESS.