O00-22 ORDINANCE NO. O 00-,~,¢~
AN ORDINANCE OF THE CITY COMMISSION 'OF
THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING THE TEXT OF THE FUTURE LAND
USE ELEMENT OF THE COMPREHENSIVE PLAN
IN CONNECTION WITH THE APPLICATION BY
GROVE PARTNERS, LTD., ( FOR THE PROJECT
KNOWN AS VILLA DEL SOL) WITHIN THE
PLANNING AREA 1P.; SAID TEXT AMENDMENT
WILL ALLOW FOR LAND USE
RECLASSIFICATION; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, Bradley D. Miller, as Agent for Grove Partners, Ltd., owners
the project known as Villa del Sol, has requested an amendment to the Future
Land Use Map for a 16 acre parcel of land, located at the Northwest corner of
the intersection of Federal Highway (US 1) and Old Dixie Highway (located within
the expanded CRA area), from Local Retail Commercial to Special High Density
Residential; and
WHEREAS, the City Commission of the City of Boynton Beach adopted in
1989 a Comprehensive Plan and as part of said Plan a Future Land Use
Element by Ordinance 89-38 in accordance with the Local Government
Comprehensive Planning Act; and
WHEREAS, the Future Land Use Element contains the Section VIII. Land
Use Problems and Opportunities which, in part, indicates the basis for land use
classifications for selected properties as shown on the Future Land Use Map;
and
WHEREAS, the Future Land Use Element, Section VIII. Land Use
Problems and Opportunities, recommended the Local Retail Commercial Land
Use Classification for Planning Area 1.P, consistent with an approved
development plan which is now expired; and
WHEREAS, the Special High Density Residential Use Classification has
been established to support the redevelopment of infill lands within the City's
coastal area and the subject project represents an infill development on 16 acres
within the coastal area of the Community Redevelopment Area; and
WHEREAS, after public hearing and study, the City Commission deems it
in the best interest of the inhabitants of said City to amend the text of the Future
Land Use Element of the Comprehensive Plan as adopted by the City herein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The portion of the Future Land Use Element entitled Land
Use Problems and Opportunities, Planning Area 1P. is hereby amended by
adding the words and figures in underlined type, and by deleting the words and
figures in struck through type, as follows:
l.p. Parcels at Northwest Corner of U.S. 1 and Old Dixie Highway.
Due to the limited demand for commercial floor space along this segment
of U.S. 1., an initial recommendation of the Comprehensive Plan adopted in
1989 was ~ ....... + ~'~'~ ' ' that these
~arcels be taken out of the Local Retail Commercial land use category, and
~laced in the Special High Density Residential category, u'-,,.,':',,'~., ,.,....v..,, .,,...,~,~.~..~"~"o,~-'-'=.~
~ ~,~.o~ ~,,~+~i] r- · i io,,,~ ,,o,~ ~,o+,~"~,~- This recommendation was not
enacted because a site plan and construction drawinqs for a shopping center on
this site have been app.r, oved .by the City. The shopping center has not been
developed and the site plan and construction plan approvals have expired.
Therefore, these parcels should be taken out of the Local Retail Commercial
land use cateqorv and placed in the Special High Density Residential category to,
encourage development and revitalization of this area of the City.
Section 2. All laws and ordinances applying to the City of Boynton
Beach in conflict with any provisions of this ordinance are hereby repealed.
Section 3. Should any section or provision of this Ordinance or any
~ortion thereof be declared by a court of competent jurisdiction to be invalid,
F
such decision shall not affect the remainder of this Ordinance.
Section 4. Authority is hereby granted to codify said Ordinance.
Section 5. The effective date of this Ordinance shall be the date a final
order is issued by the Department of Community Affairs finding this Text
amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or
the date a final order is issued by the Administration Commission finding said
amendment to be in compliance in accordance with Chapter 163.3184, F.S. The
notice of compliance becomes a final order 21 days following the issuance of the
notice of compliance if during the 21 day period no petitions are filed challenging
the amendment. Once issued, the Notice of Intent shall be attached hereto as
Exhibit "A" and made a part of this ordinance by reference.
FIRST READING this ~ day of ,~'~--~,~' ., 2000.
SECOND, FINAL READING AND PASSAGE this
~,.,¢~~ ,2000.
ATTEST:
day of
Mayor Pro Tem
C~sioner