06-068
1 ORDINANCE NO. 06-068
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 OCEAN BOULEVARD PROPERTIES,
8 LLC., AND LOCATED AT 2632 NORTH FEDERAL
9 HIGHWAY, EAST SIDE OF FEDERAL HIGHWAY
10 AND NORTH OF DIMICK ROAD; CHANGING THE
11 LAND USE DESIGNATION FROM LOCAL RETAIL
12 COMMERCIAL (LRC), HIGH DENSITY
13 RESIDENTIAL (HDR) AND LOW DENSITY
14 RESIDENTIAL (LDR) TO SPECIAL HIGH DENSITY
15 RESIDENTIAL (SHDR, 20 DUSIPER ACRE);
16 PROVIDING FOR CONFLICTS, SEVERABILITY, AND
17 AN EFFECTIVE DATE.
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19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
20 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
21 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
22 Comprehensive Planning Act; and
23 WHEREAS, the procedure for amendment of a Future Land Use Element of a
24 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
25 WHEREAS, after two (2) public hearings the City Commission acting in its dual
26 capacity as Local Planning Agency and City Commission finds that the amendment
27 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
28 the best interest of the inhabitants of said City to amend the aforesaid Element of the
29 Comprehensive Plan as provided.
30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
31 CITY OF BOYNTON BEACH, FLORIDA, THAT:
32 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
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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 at 2632 North
5 Federal Highway, east side of Federal Highway and north of Demick road; changing the land
6 use designation from Local Retail Commercial (LRC), High Density Residential (HDR) and
7 Low Density Residential (LDR) to Special High Density Residential (SHDR, 20 dus/per
8 acre).
9
10 See Exhibit "A" attached hereto.
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12 Containing: 179,130 square feet or 4.11 acres more or less.
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14 Subject to easements, restrictions, reservations, covenants and rights of way of record.
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1 7 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe
18 Future Land Use Plan shall be amended accordingly.
19 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
20 Section 5: Should any section or provision of this Ordinance or any portion thereof be
21 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
22 remainder of this Ordinance.
23 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
24 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
25 Land Development Regulation Act. No party shall be vested of any right by virtue of the
26 adoption of this Ordinance until all statutory required review is complete and all legal challenges,
27 including appeals, are exhausted. In the event that the effective date is established by state law or
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1 special act, the provisions of state act shall control.
2 FIRST READING this S day of J U(1 ' 2006.
3 SECOND, FINAL READING and PASSAGE this ~ day of ~, 2006.
4 CITY OF BOYNTON BEACH, FLORIDA
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2 0 ATTEST:
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22 ~~f; Yn .
~ ~ Co/Y Clerk
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EXHIBIT "A"_ CASA DEL MAR LOCATION MAP