10-003
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1 ORDINANCE NO. 10-003
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3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE LAND USE
6 ELEMENT OF THE COMPREHENSIVE PLAN FOR A
7 PARCEL OWNED BY ROBERT VIT ALE, AND
8 LOCATED AT 2319 SOUTH FEDERAL HIGHWAY,
9 NORTHWEST CORNER OF SE 23RD A VENUE AND
10 FEDERAL HIGHWAY; CHANGING THE LAND USE
11 DESIGNATION FROM SPECIAL HIGH DENSITY
12 RESIDENTIAL (SHDR) TO LOCAL RET AIL
13 COMMERCIAL (LRC); PROVIDING FOR
14 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
15 DATE.
16
17 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
18 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use
19 Element 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 anJ deems it
26 in the best interest of the inhabitants of said City to amend the aforesaid Element of the
27 Comprehensive Plan as provided.
28 NO\\-', THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
31 herein by this reference.
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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 at 2319 South
4 Federal Highway, northwest comer of Southeast 23rd Avenue and Federal Highway;
5 changing the land use designation from Special High Density Residential (SHDR) to Local
6 Retail Commercial (LRC).
7 LOTS 1 THROUGH 5, "ROBINSON ADDITION", ACCORDING TO THE PLAT
8 THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 144 OF THE PUBLIC
9 RECORDS OF PALM BEACH COUNTY, FLORIDA.
10
11 SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM
12 COUNTY, FLORIDA.
13
14 CONTAINING 55,955 SQUARE FEET /1.285 ACRES, MORE OR LESS.
15
16 SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS,
17 COVENANTS, AND RIGHTS-OF- WAY OF RECORD.
18
19 LESS EXISTING R-O-WFOR U.S. HIGHWA YNUMBER 1 (STATERD 5) AND
20 LESS EXISTING R-O- W FOR SE 23RD A VENUE; AND INTERSECTION OF US
21 HIGHW A Y 1 AND SE 23 RD A VENUE
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25 Section 3: That any maps adopted in accordance with the Future Land Use Element of
26 the Future Land Use Plan shall be amended accordingly.
27 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
28 Section 5: Should any section or provision of this Ordinance or any portlOn thereof be
29 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
30 remainder of this Ordinance.
31 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
32 or appeal provisions provided by the Florida Local GovernmentComprehensive Planning and
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1 Land Development Regulation Act. No party shall be vested of any right by virtue of the
2 adoption of this Ordinance until all statutory required review is complete and all legal
3 challenges, including appeals, are exhausted. In the event that the effective date is established
4 by state law or special act, the provisions of state act shall control.
5 -tll Ja.n
FIRST READING this ~ day of u.o..,ry ,2010.
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6 SECOND, FINAL READING and PASSAGE this L day of Fe~(U.C1.("1 ,2010.
7 CITY OF BOYNTON BEACH, FLORIDA
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16 Commissioner - Ronald
17 <1.-.......
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19 G
201
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23 ATTEST:
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25 .~
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27 Ja t M. Prainito, CMC
28 Y Clerk
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32 (
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