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O96-26ORDINANCE NO. 0 9 6-~,~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY KNOWN AS NEWPORT PLACE, 4735 N.W. 7TH COURT, LANTANA, FL 33462; AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM LOW DENSITY RESIDENTIAL (LDR) TO HIGH DENSITY RESIDENTIAL; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 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 public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as High Density Residential. Said land is more particularly described as follows: THE PLAT OF STANFORD PARK, as recorded in Plat Book 46, Pages 67 and 68 of the Public Records of Palm Beach County, Florida. TOGETHER WITH Lots 7 and 8, Plat of High Ridge Subdivision as recorded in Plat Book 22, Page 6, Public Records of Palm Beach County, Florida. The above described parcels contain 24.77 acres more or less. ~ That any maps adopted in accordance with the Future Land Use Element of said Comprehensive Plan shall be a~ended accordingly. ~ Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: The effective date of this Ordinance shall be: The date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance mn accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance zn accordance with Chapter 163.3184, F.S. FIRST READING this 2nd day of April _, 1996. SECOND, FINAL READING and PASSAGE this /~ ~/~/~ , 1996. ATTEST: Ci~ Clerk ~.~ .. ,v ~. ~,.. Newport P 1 ac e. PUD LandUs e .Amd 3/12/96 day of CITY OF BOYNTON BEACH, FLORIDA ~ice ~yor~y Commi s s i one~ Comm~ s loner STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS EMERGENCY MANAGEMENT · HOUSING AND COMMUNITY DEVELOPMENT · RESOURCE PLANNING AND MANAGEMENT LAWTON CHILES JAMES F. MURLEY Governor Secretary June 7, 1996 The Honorable Gerald Taylor Mayor, City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Dear Mayor Taylor: The Department has completed its review of the adopted Comprehensive Plan Amendment (Ordinance No. 096-26; DCA No. 96-1) for the City of Boynton Beach, as adopted on April 16, 1996, and determined that it meets the requirements of Chapter 163, Part II, Florida Statutes, for compliance, as defined in Subsection 163.3184(1)(b). The Department is issuing a Notice of Intent to find the plan amendment In Compliance. The Notice of Intent has been sent to The News for publication on June 10, 1996. Please note that a copy of the adopted City of Boynton Beach Comprehensive Plan Amendment and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City of Boynton Beach, City' Flail, Planning and Zoning Department, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425. 2555 SH UMARD OAK BOULEVARD · TA LLA HAS'SEE, FLORIDA 32399-2100 FLORIDA KEYS AREA OF CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Highway, Suite 212 Maratnon, Florida 33050-2227 SOUTH FLORIDA RECOVERY OFFICE p.ro. BOX 4022 8600 N.W. 36th Street Miami. Florida 33159-4022 GREEN SWAMP AREA OF CRITICAL STATE CONCERN FIELD OFFICE 155 East Summerlin Barrow, Florida 33830-4641 Honorable Gerald Taylor June 7, 1996 Page Two If you have any questions, please contact Greg Stuart, Planner IV or Roger Wilburn, Community Program Administrator, at (904) 487-4545. Sincerely, Charles Gauthier, AICP~ Growth Management Administrator CG/gsj Enclosure: Notice of Intent CC: Mrs. Tambri J. Heyden, Planning Director Mr. Michael Busha, AICP, Executive Director, Treasure Coast Regional Planning Council STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE CITY OF BOYNTON BEACH COMPREHENSIVE PLAN AMENDMENT IN COMPLIANCE DOCKET NO. 96-1- NOI-5005-(A)-(1) The Department gives notice of its intent to fred the Amendment to the Comprehensive Plan for the City of Boynton Beach, adopted by Ordinance No. 096-26 on April 16, 1996, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 1'63.3189, F.S. The adopted City of Boynton Beach Comprehensive Plan Amendment and the Department's Objections, Recommendations and Comments Report, Of'any), are available for public ins~)ection M°n,ctay through Friday, except for legal holidays, during normal business hours, at the Ci[y of Boynton Beach, City Hall, Planning and Zoning Department, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an administrative hearing to challenge the proposed agency determination that the Amendment to the City of Boyn.~n Beach Comprehensive Plan is In Compliance, as defined in Subsection 163.3184(1), F.S. The petition mUst be filed within twenty-one (21) days after publication of this notice, and must include all of the information and contents described in Rule 9J-11.012(7), F.A.C. The petition must be filed with the Agency Clerk, Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florid~ 32399-2100, and a copy mailed or delivered to the local government. Failure to timely file a petitidn shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Section 120.57, F.S. If a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petitibn for leave to intervene in the proceeding. A petition for intervention must be filed at least five (5) days before the final hearing and must include all of the information and contents described in Rule 60Q-2.010, F.A.C. A petition for leave.to inter- vene shall be filed at the Division of Administrative Hearings, Department of Management Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Section 120.57, F.S., or to participate in the administrative hearing. ~/arles ~' Pattison, Direclor Department of Community Affairs Division of Resource Planning and Management 2740 Centerview Drive Tallahassee, Florida 32399-2100