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06-055 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 " ORDINANCE NO. 06- 05S 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 NATIONAL LAND COMPANY, INC., AND LOCATED ADJACENT TO AND EAST OF 1-95, WEST OF LAKE IDA, APPROXIMATELY 1,400 FEET SOUTH OF THE SOUTHERN TERMINUS OF DIANE DRIVE; CHANGING THE LAND USE DESIGNATION FROM PALM BEACH COUNTY INDUSTRIAL (I) TO LOW DENSITY RESIDENTIAL (LDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element pursuant to Ordinance No. 89-38 and 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 two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. S:\CA\Ordinances\Planning\Land Use\Lake Trail Est 06-012.doc I J 1 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 2 following: 3 That the Future Land Use ofthe following described land located adjacent to and east 4 ofI-95, west of Lake Ida, approximately 1,400 feet south ofthe southern terminus of Diane 5 Drive in Boynton Beach, Florida shall be changed from Palm Beach County Industrial (1) and 6 shall now be designated as Low Density Residential (LDR): 7 8 See Exhibit "A" attached hereto. 9 10 Containing: 251,902 square feet or 5.783 acres more or less. 11 12 Subject to easements, restrictions, reservations, covenants and rights of way of record. 13 14 15 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe 16 Future Land Use Plan shall be amended accordingly. 1 7 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 18 Section 5: Should any section or provision of this Ordinance or any portion thereof be 19 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 2 0 remainder of this Ordinance. 21 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 22 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 23 Land Development Regulation Act. No party shall be vested of any right by virtue of the 24 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 25 including appeals, are exhausted. In the event that the effective date is established by state law or 26 special act, the provisions of state act shall control. 27 FIRST READING this ~ day of Ju.nc.. ,2006. S:\CA\Ordinances\Planning\Land Use\Lake Trail Est 06-012.doc " 1 SECOND, FINAL READING and PASSAGE this ~ day of JU.LY ,2006. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ATTEST: 19 20 21 22 23 24 Yn.~ CITY OF BOYNTON BEACH, FLORIDA #r;~ h' C. Issioner - Mack S:\CA\Ordinances\Planning\Land Use\Lake Trail Est 06-012.doc .~ " :.-:..,- "'-'!""'!,,~,,O;O='":"~_".?~..~ ":7.'~., -'''..~ < ,:'" 'T.. '_~" ';, ::'_"'"."'?" ,_;-.-,rh.,:", "'::',;:" i ~f :l 1 .:~ ..1. DESCRIPTION; . {A PARCEL OF LAND l Y1NGIN SECTIONS, TOWNSHIP 46 SOUTH, RANGE 43. EAST, PALM BEACH COUNTY, FLORIDA, SAil '; PARCEL BEING MORE PARTICULARLY DESCR/BED AS FOLLOWS: 1 _ ~ . .! COMMENCING AT THE SOUTHWESICORNER OF LOT l,BLOCK 1. LAKE VIEWfiAVEN, ACCORDING TO THE PlAT THEREOF :AS RECORDED IN PLAT BOOK 32, PAGES S3 AND S4 OF THE PUBLIC RECORDS OF PALM.BEACH COUNTY, FLORIDA; J THENCE S.18'31'29~'W. ALONG THE EAST RIGHT.....OF-WAY LINE OF INTERSTATE 95.:A DISTANCE OF 1,338.29 FEET TO J THE POINT OF BEGINNING; THENCE CONTINUE. S.18';Sf29"W.ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 794.66 i FEET; THENCE S.89'58'l7"E., A DISTANCE OF 300.00 FEET; THENCE N.18'31'29"E., A DISTANCE OF 380.00 FEET; ,~ THENCE S.89'S8'17"E., A DISTANCE OF 185.00 FEET;ltlENCE N.30'26'06"E., ADISTANCE OF 138.00 FEET; ltlENCE W N.S9'33'S4"W., A DISTANCE OF 162.57 FEET; ltlENCE N.16'49'36"E..A OISTANCEOF 38.91 FEET TOA POINT OF CURVI .; TO THE RIGHT HAVING A RADIUS OF 67.65 FEElAND A CENTRAL ANGLE OF 49'03'30"; THENCE NORTHEASTERLY ALONG THE ARC A DISTANCE OF S7.92 FEET; THENCE N.6S'S3'06"E., A DISTANCE OF 2..30 FEET; THENCE , N.71 "28'31 "W., A DISTANCE OF 3S1.69 FEET TOltlE POINT OF' BEGINNING. SAID LANDS SITUA fE IN. PALM BEACH COUNTY; FLORIDA. : CONTAINING 251,902 SQUARE FEET OR S.783 ACRES, MORE OR LESS. SUBJtCT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS AND RIGHTS-OF-WAY OF RECORD. ;; ., - . ..' -.-..... -.----',."."...., -........- .' .- ,:~~. :.. ,. -. - . - ". ~. -..~ -,,-,-. ,.~:~~-::~. -- .~---- --- ./,1 ,""",,~'-." r=: >( N 1./5 J) \ I fJ J J