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04-0651 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O ORDINANCE NO. 04- Oto~' AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING VACANT PROPERTY CONSISTING OF TWO PARCELS TOTAIJING APPROXIMATELY 0.52 ACRES, MORE PARTICULARLY DESCRIBED HEREIN; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE; THE LAND USE DESIGNATION IS BEING CHANGED FROM GENERAL COMMERCIAL TO INDUSTRIAL; 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 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 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\Florida Collision.doc 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 following: That the Future Land Use of the following described land shall be designated as Industrial (I). Said land is more particularly described as follows: Parcel #1 Lot 145, I.ESS the East 50 feet thereof, and Lots 146 and 147, LESS the East 35 feet thereof, ARDEN PARK, Addition to Boynton Beach, Florida (n/k/a Boynton Beach), according to the Plat thereof, recorded in Plat Book 2, Page(s) 86, of the Public Records of Palm Beach County, Florida. Parcel #2 The East 50 feet of Lot 145, the East 35 feet of Lots 146 and 147, ARDEN PARK Addition to Boynton Beach, Florida according to the Plat thereof, recorded in Plat Book 2, Page 96, Palm Beach County, Florida. Containing approximately 0.52 acres, more or less. Subject to easements, restrictions, reservation and rights of way of record. Said lands situate, lying and being in Palm Beach County, Florida. Section 3: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: 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 6: 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 S:\CA\Ordinances\Planning\Land Use\Florida Collision.doc 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 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 SECOND, FINAL READING and PASSAGE this ,2004. ~"/ day of ~:1~_, 2004. CITY OF BOYNTON BEACH, FLORIDA /~Clerk S:\CA\Ordinances\Planning\Land Use\Florida Collision.~oc