09-001
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1 ORDINANCE NO. 09- {'(? /
2
3 AN ORDINANCE OF THE CITYCOMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 RESCINDING ORDINANCE 05-044 WHICH
6 RECLASSIFIED THE LAND USE FROM LOCAL
7 RETAIL COMMERCIAL (LRC) TO SPECIAL
8 HIGH DENSITY RESIDENTIAL (SHDR) A
9 PARCEL OF LAND LOCATED AT THE
10 NORTHWEST CORNER OF SOUTH FEDERAL
11 HIGHWAY AND GULFSTREAM BOULEVARD;
12 RESTORING LOCAL RET AIL COMMERCIAL
13 (LRC) LAND USE TO THE PROPERTY;
14 PROVIDING FOR CONFLICTS, SEVERABILITY,
15 AND AN EFFECTIVE DATE.
16
17 WHEREAS, the City Commission of the City of Boynton Beach, Florida adopted
18 Ordinance No. 05-044 which reclassified the land use of the property from Local Retail
19 Commercial (LRC) to Special High Density Residential (SHDR); and
20 WHEREAS, the site plan expired August 2, 2007, after a one-year site plan time
21 extension was granted; and
22 WHEREAS, staff is requesting rescission of Ordinance No. 05-044 which will
23 restore the previous Local Retail Commercial (LRC) land use designation which would
24 allow improvements of the property otherwise limited by the restrictive current land use
25 district; and
26 WHEREAS, the property owner, Thirty Six Hundred Holdings, LLC., is fully
27 supportive of this request.
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: I
30 Section 1. The foregoing Whereas clauses are true and correct and incorporated
S:\CA\Ordinances\Planning,Land Use\Rescission ofland use- Gulfstream Mall (05-044).doc
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1 herein by this reference.
2 Section 2. Ordinance No. 05-044 is hereby rescinded. The land use on the
3 property will revert to Local Retail Commercial (LRC).
4 Section 3. That the Land use Map of the City is amended to reflect this rescission.
5 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
6 repealed.
7 Section 5. Should any section or provision of this Ordinance or any portion thereof
8 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
9 the remainder of this Ordinance.
10 Section 6. This ordinance shall become effective immediately upon passage.
11 FIRST READING this ~ay # ~_ ,2009.
12 SECOND, FINAL READING and PASSAGE this ~ day of Jan WLf/2OO9.
13 CITY OF BOYNTON BEACH, FLORIDA
14 t, ~
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17 {jaY7rrY T - ~r
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22 ,
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24
25 Commissioner - Woodrow L. ay
26 ATTEST: ~~ ~
27
28 Commissioner - Marlene Ross
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