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O98-28ORDINANCE NO. 098-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING 23.4 ACRES OF LAND OWNED BY ROLAND E. FOSTER AND CEILA M. FOSTER; 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 MR- 5 IN PALM BEACH COUNTY TO LOW DENSITY RESIDENTIAL; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. Wt{EREAS, 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 WIREREAS, 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: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as Low Density Residential. Said land is more particularly described as follows: The West 2/3 of the South ~ of the East ~ of the Northeast ~ of the Southwest ~ and the West 2/3 of the East ~ of the Southeast ~ of the Southwest ~ of Section 7, Township 45 South, Range 43 East; said lands situate, lying and being in Palm Beach County, Florida, LESS the South 40 feet thereof. 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 Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 effective date of this Ordinance shall be. the date a final order is issued by the Department of Community Affairs finding this amendment to be in compliance zn accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding this amendment to be in compliance in accordance with Chapter 163.3184, F.S. The notice of compliance becomes a final order 21 days following the issuance of the notice of compliance if during the 21-day period no petitions are filed challenging the amendment. Once issued, the Notice of Intent shall be attached hereto as Exhibit "A' and made a part of this Ordinance by reference. FIRST READING this ~ day of July, 1998. SECOND, FINAL READING and PASSAGE this ~F , 1998. day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice M~ Pro Tem Commissioner ' Commmssioner ATTEST FOSTER PROPERTY PUD ANNEXATION, LAND USE AMENDMENT AND REZONINR