24-027 1 ORDINANCE NO. 24-027
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 BY
5 AMENDING THE FUTURE LAND USE MAP OF THE CITY OF BOYNTON
6 BEACH, FLORIDA, FOR AN APPROXIMATELY 2.97-ACRE PARCEL OF
7 REAL PROPERTY GENERALLY LOCATED NORTH OF THE C. STANLEY
8 WEAVER CANAL ON THE WEST SIDE OF NORTH SEACREST
9 BOULEVARD, BOYNTON BEACH, FLORIDA, BY CHANGING THE
10 FUTURE LAND USE CLASSIFICATION FROM LOW DENSITY
11 RESIDENTIAL (LDR) AND RECREATIONAL (R) TO LOCAL RETAIL
12 COMMERCIAL (LRC); DECLARING THE PROPOSED AMENDMENT TO
13 THE FUTURE LAND USE MAP TO BE CONSISTENT WITH ALL OTHER
14 ELEMENTS OF THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING
15 FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE
16 DATE.
17
18 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted a
19 Comprehensive Future Land Use Plan inclusive of a Future Land Use Element pursuant to
20 Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act;
21 and
22 WHEREAS, Seacrest Apartments Property Owner, LLC, has requested an amendment to
23 the Future Land Use Map classification of a parcel of land generally located north of the C. Stanley
24 Weaver Canal on the west side of North Seacrest Boulevard, Boynton Beach, FL, more particularly
25 described in Exhibit "A," from Low Density Residential (LDR) and Recreational (R) to Local Retail
26 Commercial (LRC); and,
27 WHEREAS, the permitted uses within the Future Land Use Map category are compatible
28 with the surrounding and existing land uses; and,
11.22.24(SRW)
Page 1 of 7
CODING: Words in stfiLe-through type are deletions from existing law:
Words in underlined type are additions
L9
WHEREAS,the property owner has also applied to rezone the property from Single Family
30 Residential (R-1-A) to Planned Commercial Development (PCD); and,
31 WHEREAS, the procedure for amendment of a Future Land Use Element of a
32 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
33 WHEREAS, after public hearings, the City Commission, acting in its dual capacity as the
34 Local Planning Agency and City Commission finds that the Future Land Use Map amendment is
35 consistent with the City's Comprehensive Plan and provisions of Chapter 163, Part II, Florida
36 Statutes; and,
37 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the
38 requirements of Section 166.041, Florida Statutes, and the City's Land Development Regulations;
L39 and
40 WHEREAS, after careful review of the application, staff has determined that the proposed
41 amendment complies with the City's Comprehensive Plan and consistent with Section 163.3184,
42 Florida Statutes; and
43 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein,
44 which contains data and analysis supporting the Future Land Use Map amendment; and
45 WHEREAS, the City Commission finds that the proposed Future Land Use Map
46 amendment is consistent with the City's Comprehensive Plan and Land Development Regulations,
1122 24(SRW)
Page2of7
CODING: Words in r:trike4hreugh type are deletions from existing law;
Words in underlined type are additions.
I•47 and finds it in the best interest of the public to amend the Future Land Use Element of the
48 Comprehensive Plan as hereinafter provided.
49 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
50 BOYNTON BEACH, FLORIDA:
51 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and
52 correct and are hereby made a specific part of this Ordinance upon adoption hereof.
53 Section 2: Decision. Ordinance No. 89-38 of the City is hereby amended to
54 reflect the following: The City's Future Land Use Map is hereby amended from Low Density
55 Residential (LDR) and Recreational (R) to Local Retail Commercial (LRC) for a ± 2.97-acre parcel
56 generally located north of the C. Stanley Weaver Canal on the west side of North Seacrest
L57 Boulevard, as depicted in Exhibit "B."
58 Section 3: Amendment to Future Land Use Map. The Director of Planning and
59 Zoning is further authorized to make the necessary changes as required to the Future Land Use
60 Map to reflect the above stated change.
61 Section 4: Authorization to Transmit. The City Manager or designee is hereby
62 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the
63 provisions of the Community Planning Act, if required.
64 Section 5: Severability. The provisions of this Ordinance are declared to be
65 severable and if any clause, section, or other part of this Ordinance shall for any reason be held
I 122.24(SRW)
Page 3 of 7
CODING: Words in stfike-thfeugh type are deletions from existing law;
Words in underlined type are additions.
56 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
67 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being
68 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
69 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of
70 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict.
71 Section 7: Effective Date. This Ordinance shall take effect immediately upon
72 adoption.
73
74 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
L
11.22 24(SRW)
Page 4 of 7
CODING: Words in:;tnk throu h type are deletions from existing law;
Words in underlined type are additions.
k
75 FIRST READING this / 7 day of m4�c7 2024.
76 SECOND, FINAL READING AND PASSAGE this -vi day otnup,r�,I 202
77 CITY OF BOYNTON BEACH, FLORIDA J
78 YES NO
79 /
80 Mayor-Ty Penserga V
81 .v -
82 Vice Mayor- Aimee Kelley
83 ,%
84 Commissioner- Woodrow L. Hay
85
1../-
86
./86 Commissioner-Angela Cruz
87
88 Commissioner- Thomas Turkinosent '"t.afAs
89
90 VOTE _0
91 AT ES :
)2 I /
94 Mayle: -stas, MM y Pe. : ga
95 City Cl-' Ma •r
96
97 APPROVED AS TO FORM:
98 (Corporate Seal)
�.••ORATE%%l 1kt
100 �k�vOEt .. •�Cy�� . 0•Yd r e 6
101 i>-: L+ �f-� �i Shawna G. Lamb
102 i O i 00RPORP��Ot i City Attorney
�� .1N o i
9 .
pit •••.....••••' ,.
'‘`‘ FLOR' ---
II 22.24(SRW)
Page 5 of 7
CODING: Words in sti.ilie-gwetigli type are deletions from existing law;
Words in underlined type are additions.
Exhibit A
Legal Description
PARCEL 1:
THE SOUTH 100 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE
SOUTH 165 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21,
TOWNSHIP 45 SOUTH, RANGE 43 EAST; LESS: 80 FOOT WIDE RIGHT-OF-WAY GRANTED TO THE
COUNTY OF PALM BEACH BY DEED RECORDED IN O.R. BOOK 5359, PAGE 675, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
PARCEL 2:
THE NORTH 40.00 FEET OF LOT 1, WILLIAM M. LANEHART SUBDIVISION OF THE SOUTH 1/2 OF
THE NORTHEAST 1/4 OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN
PLAT BOOK 1. PAGE 35, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SUBJECT TO AN
80 FOOT RIGHT-OF-WAY FOR SEACREST BOULEVARD.
LESS AND EXCEPT:
ALL THAT PORTION LYING EAST OF A 80 FOOT WIDE RIGHT-OF-WAY FOR SEACREST ROAD,
GRANTED TO THE COUNTY OF PALM BEACH BY DEED RECORDED IN O.R. BOOK 5359, PAGE 675,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
SAID LAND CONTAINS 129,255 SQUARE FEET OR 2.976 ACRES, MORE OR LESS AND SITUATES
PALM BEACH COUNTY, FLORIDA.
II 2224(SRW)
Page 6 of 7
CODING: Words in stripe-through type are deletions from existing law;
Words in underlined type are additions.
Exhibit B
Future Land Use Map
B: Pro • . Future J° ! BOYNTON1
�,US!` t Souti•• •At [i.rii; 1r"! 1., REZN, N • -Iep,-*!r /•' r: ••• 4 . o c A C H
r' _
11,11 _
4-,
1140 C.,
i ___U G�� a+
Z - ,
1111
...„,,
.,
. .
• _ •2 NE
I N,W�p14th Ave. �...L.w
P.
tt111111a a.. _ ,�•+ o 14th Av e
atN
CD
NWS
'Ave -
i LRC
1.
t
Vii. 1'
i 1
P
_ 'Aw .`.`Mv• - egg 11 -4.......—, a 1 1{1
(43 r.
ml' I` })AV.e III t
so LOW DENSITY RESIDENTIAL(LDR);7.5 D.U.1Acre
MI MEDIUM DENSITY RESIDENTIAL(MEDR);11 D.U.rAc e 4.
1j.RECREATIONAL IR)
.i moi. ,,‘"'"i,,‘"'"i' , if()
MI PUBLIC&PRIVATE GOVERNMENTALIINSTITUTIONAL(PPG!)
-
ONI Subject Property
III Z )
11.22.24(SRW)
Page 7 of 7
CODING: Words in strike-threugh type are deletions from existing law;
Words in underlined type are additions.