06-052
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1 ORDINANCE NO. 06- OS8.
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 LAWRENCE DEVELOPMENT GROUP,
8 LLC., AND LOCATED ON THE EAST SIDE OF
9 LAWRENCE ROAD, APPROXIMATELY 1,000 FEET
10 SOUTH OF HYPOLUXO ROAD; CHANGING THE
11 LAND USE DESIGNATION FROM PALM BEACH
12 COUNTY MEDIUM RESIDENTIAL (MR-5) TO LOW
13 DENSITY RESIDENTIAL (LDR); PROVIDING FOR
14 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
15 DATE.
16
1 7 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:
3 0 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
3 1 herein by this reference.
S:\CA\Ordinances\Planning\Land Use\Aspen Glen 06-013.doc
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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 east side of
4 Lawrence Road, approximately 1,000 feet south ofHypoluxo Road in Boynton Beach, Florida
5 shall be changed from Palm Beach County Medium Residential (MR-5) and shall now be
6 designated as Low Density Residential (LDR):
7
8 See Exhibit "A" attached hereto.
9
10 Containing: 406,766 square feet or 9.338 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
20 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.ne
,2006.
S:\CA\Ordinances\Planning\Land Use\Aspen Glen 06-013.doc
SECOND, FINAL READING and PASSAGE this ~ day of Ju.ly , 2006.
CITY OF BOYNTON BEACH, FLORIDA
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S:\CA\Ordinances\Planning\Land Use\Aspen Glen 06-013.doc
LEGAL DESCRIPTION FOR ASPEN GLEN
LANDS LYING, SITUATE AND BEING IN SECTION 7, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE P ARTICULARL Y
DESCRIBED AS FOLLOWS:
THE WEST 1/2 OF THE SOUTH 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4, LESS THE NORTH 14 FEET THEREOF, PALM BEACH
COUNTY, FLORIDA, LYING EAST OF A 40 FOOT ROAD RIGHT -OF - WAY.
TOGETHER WITH:
A PARCEL OF LAND LYING, SITUATE AND BEING IN SECTION 7, TOWNSHIP
45 SOUTH, RANGE 43 EAST, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE NORTH 14 FEET OF THE WEST 1/2 OF THE SOUTH 1/4 OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4, PALM BEACH COUNTY, FLORIDA,
LYING EAST OF A 40 FOOT ROAD RIGHT -OF- WAY.
TOGETHER WITH AN EASEMENT OVER AND ACROSS THE NORTH 40 FEET
OF THE WEST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST
1/4 OF THE NORTHWEST 1/4 FOR RIGHT OF INGRESS AND EGRESS, LYING
EAST OF A 40 FOOT ROAD RIGHT-OF-WAY.
TOGETHER WITH:
THE EAST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4
OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH AN EASEMENT
OVER AND ACROSS THE NORTH 40 FEET OF THE WEST 1/2 OF THE SOUTH
1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 FOR
RIGHT OF INGRESS EGRESS.
CONTAINING 406,766 SQUARE FEET/9.338 MORE OR LESS.
SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS,
AND RIGHTS-OF-WAY OF RECORD.