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21-014 1 ORDINANCE NO. 21-014 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS KNUTH ROAD AND 7 DESCRIBED HEREIN, CHANGING THE LAND USE 8 DESIGNATION FROM LOCAL RETAIL COMMERCIAL (LRC) TO 9 MIXED-USE LOW (MXL); PROVIDING FOR CONFLICTS, 10 SEVERABILITY, AND AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 13 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land 14 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 15 Comprehensive Planning Act; and 16 WHEREAS, the procedure for amendment of a Future Land Use Element of a 17 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 18 WHEREAS, after two (2) public hearings the City Commission acting in its dual 19 capacity as Local Planning Agency and City Commission finds that the amendment 2 0 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 21 in the best interest of the inhabitants of said City to amend the Future Land Use Element 2 2 (designation) of the Comprehensive Plan as hereinafter provided. 2 3 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 24 CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 26 herein by this reference. 2 7 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 28 Future Land Use of the following described land: 29 ALL OF TRACTS 9 AND 10 LYING SOUTH OF NEW BOYNTON ROAD 30 (STATE ROAD NO. 804) AND TRACTS 23 AND 24, PALM BEACH 31 FARMS COMPANY PLAT NO. 8,ACCORDING TO THE PLAT THEREOF 32 RECORDED IN PLAT BOOK 5 AT PAGE 73 OF THE PUBLIC RECORDS 33 OF PALM BEACH COUNTY, FLORIDA, LESS THE EAST 15.0 FEET 3 4 THEREOF, and 35 LESS THAT PART OF LOTS C, D AND E TRACT 9, THE PALM BEACH 36 FARMS CO. PLAT NO. 8 OF SECTION 30, TOWNSHIP 45 SOUTH, 37 RANGE 43 EAST,PALM BEACH COUNTY, FLORIDA, ACCORDING TO 38 THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 73 OF THE S:\CA\Ordinances\Planning\Land Use\Knuth Road LUA-Ordinance(Second Reading).Docx 3 9 PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA,DESCRIBED 4 0 AS FOLLOWS: COMMENCE AT THE POINT OF INTERSECTION OF 41 THE EAST LINE OF SAID TRACT 9 WITH THE SOUTH RIGHT OF WAY 4 2 LINE FOR STATE ROAD 804, AS SAID SOUTH RIGHT OF WAY LINE IS 4 3 SHOWN IN ROAD PLAT BOOK 2, PAGE 219 OF THE PUBLIC RECORDS 4 4 OF PALM BEACH COUNTY, FLORIDA; THENCE S.88°28'40"W., 4 5 ALONG SAID RIGHT OF WAY LINE, 15.01 FEET TO THE POINT OF 4 6 BEGINNING; THENCE CONTINUE S.88°28'40"W., ALONG SAID 4 7 SOUTH RIGHT OF WAY LINE, 185.07 FEET; THENCE S.0°00'00"E., 4 8 264.00 FEET; THENCE N.90°00'00"E., 185.00 FEET TO A LINE 15 FEET 4 9 EAST OF AND PARALLEL WITH THE SAID EAST LINE OF TRACT 9; 5 0 THENCE N.0°00'00"E.,ALONG SAID PARALLEL LINE, 268.92 FEET TO 51 THE SAID POINT OF BEGINNING, CONTAINING 49,295 SQUARE FEET 52 OR 1.1317 ACRES MORE OR LESS. 53 54 is amended from Local Retail Commercial (LRC) to Mixed-Use Low (MXL). 55 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 5 6 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 5 7 Land Development Regulation Act. No party shall be vested of any right by virtue of the 5 8 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 5 9 including appeals, are exhausted. In the event that the effective date is established by state law 6 0 or special act, the provisions of state act shall control. 61 FIRST READING this 20th day of April, 2021. 62 SECOND, FINAL READING and PASSAGE this 15th day of June, 2021. 63 CITY OF BOYNTON BEACH, FLORIDA 6 4 YES NO 65 6 6 Mayor— Steven B. Grant 67 6 8 Vice Mayor—Woodrow L. Hay 69 7 0 Commissioner—Justin Katz 71 7 2 Commissioner—Christina L. Romelus 73 7 4 Commissioner—Ty Penserga 75 7 6 VOTE S�o 77 S:\CA\Ordinances\Planning\Land Use\Knuth Road LUA-Ordinance(Second Reading).Docx 7 8 ATTEST: 79 8 0 81 � � �- 8 2 C ta1 Gibson, MMC 8 3 C ty Clerk 84 85 86 8 7 (Corporate Seal) S:\CA\Ordinances\Planning\Land Use\Knuth Road LUA-Ordinance(Second Reading).Docx