O99-10~ t<L
ORDINANCE NO. 099-/~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING 9.64 ACRES OF LAND OWNED BY
MICHAEL SCHROEDER AS TRUSTEE, AND
MARILYN R. SELVA; AMENDING ORDINANCE 89-
38 OF SAID CITY BY AMENDING THE FUTURE
LAND USE ELEMENT OF THE COMPREHENSIVE
PLAN OF THE CITY BY ADOPTING THE PROPER
LAND USE OF CERTAIN PROPERTY, MORE
PARTICULARLY DESCRIBED HEREINAFTER; SAID
LAND USE DESIGNATION IS BEING CHANGED
FROM C-H (COMMERCIAL HIGH) IN PALM BEACH
COUNTY TO LOCAL . RETAIL COMMERCIAL;
PROVIDING FOR CONFLICTS, SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida
has adopted a Comprehensive Future Land Use Plan and as part of said Plan
a Future Land Use Element by Ordinance No. 89-38 in accordance with the
Local Government Comprehensive Planning Act; and
WHEREAS, the procedure for
Element of a Comprehensive Plan as
Statutes, has been followed; and
amendment of a Future Land Use
set forth in Chapter 163, Florida
WHEREAS, after public hearing and study, the City Commission
deems it in the best interest of the inhabitants of said City to amend the
aforesaid Element of the Comprehensive Plan as adopted by the City herein.
NOW, THEREFORE, BE TT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect
II
the following:
That the Future Land
designated as Local Retail
described as follows:
Use of the following described land shall be
Commercial. Said land is more particularly
SEE EXHIBIT "A" A-rTACHED HERETO.
Section 2: That any maps adopted in accordance with the Future Land Use
Element shall be amended accordingly.
Section 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 4: Should any section or provision of this Ordinance or any
portion thereof be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the remainder of this Ordinance.
Section 5: The effective date of this small scale development plan
amendment shall be 31 days after adoption, unless the amendment is challenged
pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this
amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No development orders, development
permits, or land uses dependent on this amendment may be issued or
commence before it has become effective. If a final order of noncompliance is
issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of
Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100.
FIRST READING this ~ day of April, 1999.
SECOND, FINAL READING and PASSAGE this ~ day of
1999.
AT-J-EST:
Ci~ Clerk
CITY~ F BO~NTON
Mayor
B/E~H, F~LORIDA
Commissioner
Commissioner
Commissioner
Tract 51 of the SUBDi'VI'SibN '(~F'~'0~U'i~IEA~T'~ ~F'SEG~TION 19, TOWNSHIP 45 SOU'ii-il RANGE
43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Palm
Beach County, Florida.
Tract 52 of the SUBDIVISION OF SOUTHEAST % of SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43
EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Palm
Beach County, Florida. Also described as the South ½ of the Southwest % of the Southwest % of the
Southeast % of SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LESS the West 15 feet
thereof; and LESS that portion thereof lying within' the Lake Worth Drainage Distdct Canal L-24 Right-of-
Way.
Also, that part of the Lake Worth Drainage Distdct Canal L-24 right-of-way lYing North and adjacent to
Block 7 of the Plat of Palm Beach Farms Company Plat No. 8, according to the Plat recorded in Plat
Book 5, Page 73, of the Public Records of Palm Beach County, 'Florida; same portion of said Canal L-24
dght-of way lying within Tract 52 of the Subdivision of Southeast % of Section 19, Township 45, Range
43, according to the Plat recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach
County, Florida.
Together with the West 15 feet of Tract 52 of the Subdivision of SE % of Section 19, Township 45,
Range 43, according to the Plat recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach
County, Florida.
Together with the right-of-way of Knuth Road lying West and adjacent to the afore described Tracts 51
and 52.