06-031
II
1 ORDINANCE NO. 06-0,j /
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 TUSCAN VILLAS AT BOYNTON BEACH,
8 LLC., AND LOCATED ON THE EAST SIDE OF
9 FEDERAL HIGHWAY APPROXIMATELY 1,100 FEET
10 NORTH OF GULFSTREAM BOULEVARD;
11 CHANGING THE LAND USE DESIGNATION FROM
12 PALM BEACH COUNTY COMMERCIAL HIGH, WITH
13 AN UNDERLYING MEDIUM RESIDENTIAL 5 UNITS
14 PER ACRE (CH/5) TO SPECIAL HIGH DENSITY
15 RESIDENTIAL (SHDR); PROVIDING FOR
16 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
17 DATE.
18
19 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted
2 0 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
21 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
22 Comprehensive Planning Act; and
23 WHEREAS, the procedure for amendment of a Future Land Use Element of a
24 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
25 WHEREAS, after two (2) public hearings the City Commission acting in its dual
26 capacity as Local Planning Agency and City Commission finds that the amendment
27 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
28 the best interest of the inhabitants of said City to amend the aforesaid Element of the
29 Comprehensive Plan as provided,
30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
31 CITY OF BOYNTON BEACH, FLORIDA, THAT:
32 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
S:\CA\Ordinances\Planning\Land Use\Tuscan villas.doc
II
1 herein by this reference,
2
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
3 following:
4 That the Future Land Use of the following described land located on the east side of
5 Federal Highway approximately 1,100 feet north of Gulfstream Boulevard in Boynton Beach,
6 Florida shall be changed from Palm Beach County Commercial High, with an underlying
7 Medium Residential 5 units per acre (CH/5) and shall now be designated as Special High
8 Density Residential (SHDR):
9 Lot 1 and Lot lA of KING'S SUBDIVISION, according to the Plat
10 thereof, as recorded in Plat Book 20, Page 47, Public Records of Palm
11 Beach County, Florida; less the westerly 17 feet of said lots,
12
13 Together with:
14
15 All that part of Lot C of KING'S SUBDIVISION in Section 4,
16 Township 46 South, Range 43 East, Palm Beach County, Florida, as
1 7 per Plat recorded in Plat Book 20, Page 47, Palm Beach County
18 records except the following part thereof: Beginning at the Southwest
19 (SW) comer of said Lot C, and running thence North along the West
20 line thereof a distance of Eighty (80) feet; thence Easterly in a straight
21 line to the Southeast (SE) comer of said Lot C; thence running West
22 along the South line of said Lot C to the Point of Beginning, Further
23 less and except the Westerly 17 feet for road right of way.
24
25 Containing: 58,412 square feet or 1.341 acres more or less.
26
27 Subject to easements, restrictions, reservation and rights of way ofrecord.
28
29
30 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe
31 Future Land Use Plan shall be amended accordingly.
32 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
33 Section 5: Should any section or provision of this Ordinance or any portion thereof be
S:\CA\Ordinances\Planning\Land Use\Tuscan villas.doc
II
1
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
2
remainder of this Ordinance.
3
Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
4
or appeal provisions provided by the Florida Local Government Comprehensive Planning and
5
Land Development Regulation Act. No party shall be vested of any right by virtue of the
6
adoption of this Ordinance until all statutory required review is complete and all legal challenges,
7
including appeals, are exhausted. In the event that the effective date is established by state law or
8
special act, the provisions of state act shall control.
FIRST READING this "'1...4; day of a~ , 2006.
/
SECOND, FINAL READING and PASSAGE this ~ day of ~, 2006.
CITY OF BOYNTON BEACH, FLORIDA
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2 7 ATTEST:
28
29
3
3
32
33
mmlsslOner ~
~ C- .Je--~
Commissioner
.P~
ces\Planning\Land Use\Tuscan villas.doc