06-042
1
2'
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
"
ORDINANCE NO. 06- o'-la.
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 HARBOR CAY, LLC, AND LOCATED ON
THE EAST SIDE OF FEDERAL HIGHWAY,
APPROXIMATELY 160 FEET NORTH OF GATEWAY
BOULEVARD; CHANGING THE LAND USE
DESIGNATION FROM LOCAL RETAIL
COMMERCIAL (LRC) AND LOW DENSITY
RESIDENTIAL (LDR) TO SPECIAL HIGH DENSITY
RESIDENTIAL (SHDR - 20 DU/ AC); PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
DATE.
18
WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
19
a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
20
pursuant to Ordinance No. 89-38 and in accordance with the Local Government
21
Comprehensive Planning Act; and
22
WHEREAS, the procedure for amendment of a Future Land Use Element of a
23
Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
24
WHEREAS, after two (2) public hearings the City Commission acting in its dual
25
capacity as Local Planning Agency and City Commission finds that the amendment
26
hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
27
the best interest of the inhabitants of said City to amend the aforesaid Element of the
28
Comprehensive Plan as provided.
29
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
30
CITY OF BOYNTON BEACH, FLORIDA, THAT:
31
Section I: The foregoing WHEREAS clauses are true and correct and incorporated
S:\CA\Ordinances\Planning\Land Use\Harbor Cay 06-009.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 160 feet North of Gateway Boulevard in Boynton Beach,
6 Florida shall be changed from Local Retail Commercial (LRC) and Low Density Residential
7 (LDR) and shall now be designated as Special High Density Residential (SHDR - 20 du/ac):
8
9' A parcel ofland in Section I 5, Township 45 South, Range 43 East, City of
10 i Boynton Beach, Palm Beach County, Florida, and being a part of Lots 2 and 3
11 of Sam Brown Jr's Hypoluxo Subdivision according to the plat thereof, as
12 recorded in Plat Book I, Page SI, Public Records of Palm Beach County,
13 Florida, and being more particularly described as follows:
14
15 Begin at the intersection of the North line of said Lot 2 with the Easterly
16 Right-of-Way line of State Road No.5 (U.S. # I) as said Right-of- Way is
17 shown on the plat recorded in Road Plat Book 3, Pages 11-17 of Palm Beach
18 County, Florida, and also shown on the Florida State Road Department Right-
19 of-Way Map Section No. 93010-2501, Sheet 3 of7; thence SOS'12'00"E
2 0 along said East Right-of-Way line for 25S.54 feet to a point on the South line
21 of said Lot 3; Thence SS9'13' 55"E along the South line of said Lot 3 for
2 2 273.65 feet; Thence NOO'14'05"E for 127.30 feet; Thence NS9'45'55"W for
2 3 30.2S feet; Thence N04 '23 '20"E for 5.35 feet to a found iron pipe
2 4 approximately one foot below existing grade ofthe asphalt road for Lakeside
25 Harbor Drive, said pipe also being on the common lot line of said lots 2 and 3;
26 Thence continue N04 '23 '20"E for 124.27 feet to a point on the North line of
2 7 said Lot 2; Thence NS9'I3 '55"W along said North line of Lot 2 for 216.93
2 8 feet to the Point of Beginning.
29
3 0 Containing: 62,256 square feet or 1.429 acres more or less.
31
3 2 Subject to easements, restrictions, reservation and rights of way of record.
33
34
35 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
36 Future Land Use Plan shall be amended accordingly.
37 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
S:\CA\Ordinances\Planning\Land Use\Harbor Cay 06-009.doc
II
1
Section 5: Should any section or provision ofthis Ordinance or any portion thereof be
2
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
3
remainder of this Ordinance,
4
Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
5
or appeal provisions provided by the Florida Local Government Comprehensive Planning and
6
Land Development Regulation Act. No party shall be vested of any right by virtue of the
7
adoption ofthis Ordinance until all statutory required review is complete and all legal challenges,
8
including appeals, are exhausted. In the event that the effective date is established by state law or
9
special act, the provisions of state act shall control.
10
FIRST READING this -L day of ~ ,2006.
SECOND, FINAL READING and PASSAGE is 'j,-Htday Of~, 2006,
CITY OF BOYNTON BEACH, FLORIDA
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Ice
.~
~/ "
7~;~1C(1
j:miss,ioner
~ t- ~<6~
Commissioner
ATTEST:
~-47
(Corporate Seal)
S:\CA\Ordinances\Planning\Land Use\Harbor Cay 06-Q09.doc
!i