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06-038 II 1 ORDINANCE NO. 06- 039 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 VARIOUS OWNERS, AND LOCATED ON 8 THE WEST SIDE OF SEACREST BOULEVARD 9 BETWEEN NORTHWEST 3RD AVENUE AND 10 NORTHWEST 6TH A VENUE; CHANGING THE LAND 11 USE DESIGNATION FROM LOCAL RETAIL 12 COMMERCIAL (LRC) TO LOW DENSITY 13 RESIDENTIAL (LDR); PROVIDING FOR CONFLICTS, 14 SEVERABILITY, AND AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 17 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 18 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 19 Comprehensive Planning Act; and 20 WHEREAS, the procedure for amendment of a Future Land Use Element of a 21 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 22 WHEREAS, after two (2) public hearings the City Commission acting in its dual 23 capacity as Local Planning Agency and City Commission finds that the amendment 24 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 25 the best interest of the inhabitants of said City to amend the aforesaid Element of the 26 Comprehensive Plan as provided. 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 28 CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and 29 30 incorporated herein by this reference. S:\CA\Ordinances\Planning\Land use\Seacrest Low 06-014.doc II 1 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 2 following: 3 That the Future Land Use of the following described land located on the West side of 4 Seacrest Boulevard between Northwest 3'd Avenue and Northwest 6th Avenue in Boynton 5 Beach, Florida shall be changed from Local Retail Commercial (LRC) and shall now be 6 designated as Low Density Residential (LOR): 7 8 9 10 11 12 13 14 15 See Attached Exhibit "A" Containing: 1.68 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 16 the Future Land Use Plan shall be amended accordingly. 17 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 18 repealed. 19 Section 5: Should any section or provision of this Ordinance or any portion thereofbe 20 declared by a court of competent jurisdiction to be invalid, such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. 22 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 Low 06-014.doc TT 1 FIRST READING this L day of M Ai ,2006. SECOND, FINAL READING and PASSAGE this / t. VI, day of ~_, 2006. CITY OF BOYNTON BEACH, FLORIDA 2 3 4. 5 i 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ATTEST: ~~ ~-+f 23 24 (Corporate Seal) 25 ,,' / /' ,/' I mmlSSlOner 2LcfC~ 9mmissioner .7.0 I~ t- ~r-}-.J Commissioner --:~-_...-'_..."-,. ~ / Vice S:\CA\Ordinances\Planning\Land Use\Seacrest Low 06-014.doc EXHIBIT "A" LOTS 145 TO 147, LESS THE NORTH AND SOUTH 20 FOOT RETURN CURVE AREA ROAD RIGHT-OF-WAY, BLOCK A, 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. TOGETHER WITH: LOT 145, LESS THE RETURN CURVE AREA ROAD RIGHT-OF-WAY, LOT 146, AND LOT 147, LESS THE 20 FOOT RETURN CURVE AREA ROAD RIGHT-OF-WAY, BLOCK B, 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. TOGETHER WITH: LOT 130, LESS THE RIGHT-OF-WAY OF SEACREST BOULEVARD, LOT 131, LOT 132, AND LOT 133, LESS THE SOUTH 15 FEET, BLOCK B, 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. TOGETHER WITH: LOT 100, LESS THE 20 FOOT RETURN CURVE AREA ROAD RIGHT-OF-WAY, BLOCK B, 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. TOGETHER WITH: LOT 100 AND THE SOUTH HALF OF ABANDONED NW 7TH COURT LYING NORTH OF AND ADJACENT THERETO, LESS 20 FOOT RETURN CURVE AREA ROAD RIGHT-OF-WAY, AND LOT 101, 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.