06-040
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1 ORDINANCE NO. 06- CJII.D
2:
3 I 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 BOYNTON BEACH INVESTORS, LLC
8 AND PETER BOYNTON TERRACE, LLC, AND
9 LOCATED ON THE WEST SIDE OF SEACREST
10 BOULEVARD NORTH OF NORTHWEST 6TH
11 AVENUE; CHANGING THE LAND USE
12 DESIGNATION FROM LOCAL RETAIL
13 COMMERCIAL (LRC) TO HIGH DENSITY
14 RESIDENTIAL (HDR); PROVIDING FOR CONFLICTS,
15 SEVERABILITY, AND AN EFFECTIVE DATE.
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17 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted
18 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
19 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
20 Comprehensive Planning Act; and
21 WHEREAS, the procedure for amendment of a Future Land Use Element of a
22 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
23 WHEREAS, after two (2) public hearings the City Commission acting in its dual
24 capacity as Local Planning Agency and City Commission finds that the amendment
25 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
26 the best interest of the inhabitants of said City to amend the aforesaid Element of the
27 Comprehensive Plan as provided.
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
29 CITY OF BOYNTON BEACH, FLORIDA, THAT:
30
Section I:
The foregoing WHEREAS clauses are true and correct and
3 1 incorporated herein by this reference.
S,\CA\Ordinances\Planning\Land Use\Seacrest High 06-015.doc
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Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
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following:
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That the Future Land Use ofthe following described land located on the West side of
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Seacrest Boulevard North of Northwest 6th Avenue in Boynton Beach, Florida shall be
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changed from Local Retail Commercial (LRC) and shall now be designated as High Density
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Residential (HDR):
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See Attached Exhibit "A"
Containing: 0.55 acres more or less.
Subject to easements, restrictions, reservation and rights of way ofrecord.
Section 3:
That any maps adopted in accordance with the Future Land Use Element of
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the Future Land Use Plan shall be amended accordingly.
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Section 4:
All ordinances or parts of ordinances in conflict herewith are hereby
18 repealed.
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Section 5:
Should any section or provision of this Ordinance or any portion thereofbe
20 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
21 remainder of this Ordinance.
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Section 6:
This Ordinance shall take effect on adoption, subject to the review,
23 challenge, or appeal provisions provided by the Florida Local Government Comprehensive
24 Planning and Land Development Regulation Act. No party shall be vested of any right by virtue
25 of the adoption of this Ordinance until all statutory required review is complete and all legal
26 challenges, including appeals, are exhausted. In the event that the effective date is established by
27 state law or special act, the provisions of state act shall control.
S:\CA\Ordinances\Planning\Land Use\Seacrest High 06-01S.doc
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FIRST READING this ~ day of MA 1 ' 2006.
SECOND, FINAL READING and PASSAGE this I "Yh day of ~' 2006.
CITY OF BOYNTON BEACH, FLORIDA
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19 ATTEST:
~~ W1i)u~- /(L.~.
22 #lty Clerk c7 ~~
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24 (Corporate Seal)
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rj;TJ; 12_1-
~=erf_ J-e+ ~
Commissioner
S:\CA\Ordinances\Planning\Land Use\Seacrest High 06-015.doc
EXHIBIT "A"
LOT 130 AND THE NORTH 1/2 OF ABANDONED NW 7TH COURT LYING
SOUTHERLY AND ADJACENT TO LOTS 132 AND 133, AND LOT 131, BLOCK C,
PLAT OF BOYNTON HILLS, 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 4, PAGE 51; SAID
LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY. FLORIDA.