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03-019 ORDINANCE NO. 03- 'C) ! q AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF OCEAN AVENUE AND U.S. 1 (THE ARCHES PROJECT); AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSWE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; THE LAND USE DESIGNATION IS BEING CHANGED FROM MIXED USE (MX) TO MIXED USE-CORE (MX-C); 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 amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 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 aforesaid Element o f 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 foregoing WHEREAS clauses are true and correct and Incorporated herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the S:\CA\Ordinances\Planning\Land Use\The Arches - Mixed Use Core.doc following: That the Future Land Use of the following described land shall be designated as Mixed Use-Core (MX-C). Said land is more particularly described as follows: SEE ATTACHED EXHBIT 'A' 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 Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed.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: This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this ~ day of ,J~t~. ,2003. S:\CA\Ordinances~Planning\Land Use\The Arches - Mixed Use Core.doc SECOND, FINAL READING and PASSAGE this ~_day of ~l'x~ , 2003. CItY OF BOYNTON BEA~, FLOP/~D~k Commissioner " ATTEST: S:\CA\Ordinances\Planning\Land Use\The Arches - Mixed Use Core.doc COUUENCLNG AT THE INTE~C110N DF THE C~E DF OCEAN AVE~U;' tllld T1.E CENTE~UN[ OF' FI~Eg/L HIr~MA¥ (~TX*I~ ~ NO. THENCE NORTH ~8'50'27~ ~ ~ SND CENTER UNE DF OCEAN AVENUE, 50.01 FEET; THENCE SOUll-I 00'02'00' WE~I'. 33.~0 ~ TO ]HE POIHT OF' BEGINNING; THENCE COi~NUE SOUTH OgO~'OO' V~S1'. 284.70 FEET TO THE soum u.£ o~ ~o ~c~ 7. ~[ eex~ ~g No~ THENCE IdORTH f]8'50'2'~ WEST ALONG SND SOUTH lINE DF BLOCK THENCE NORTH 00'02'00' F.A~. 39.~0 ~ THENCE SOUTH 88'50'27' EAST, 144.08 ~ TO THE IIEST ~ DF SAJD ~ 11. BLOCK 7; THENCE NORTH 0a'02'09' FAST ALDNG THE ~ UNE OF ~UD LOT lf. A DISTANCE OF 100.01 FEET TO 11'1E CEh'T1;~UNE OF SAID PLAI'I~D 20 FOOT WIDE ALI.EY; THENCE NOR'~4 00'02'09' FAST ALONG SND SOUTHERLY E:XI'ENSK)N AND ,N.ONG Tile WE:ST UN[ OF .~JD LOT ~ A DI~'ANCE OF 12~52 THENCE SOUTH ~'50'27' EAST. 24~.04 FEEl' TO THE POINT DF BEGINNINO.