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LEGAL APPROVAL 1 ORDINANCE NO. 04- 0'37 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING PROPERTY 5 CONSISTING OF APPROXIMATELY 2.26 ACRES 6 AND LOCATED AT 3655 NORTH FEDERAL 7 HIGHWAY; AMENDING ORDINANCE 89-38 BY 8 AMENDING THE FUTURE LAND USE ELEMENT 9 OF THE COMPREHENSIVE PLAN OF THE CITY 10 FOR THE PROPERTY MORE PARTICULARLY 11 DESCRffiED HEREIN; THE LAND USE 12 DESIGNATION IS BEING CHANGED FROM LOCAL 13 RETAIL COMMERICAL TO SPECIAL mGH 14 DENSITY RESIDENTIAL; PROVIDING FOR 15 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 16 DATE. 17 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 19 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 20 Use Element by Ordinance No. 89-38 in accordance with the Local Government 21 Comprehensive Planning Act; and 22 WHEREAS, the procedure for amendment of a Future Land Use Element of a 23 Comprehensi ve Plan as set forth in Chapter 163, Florida Statutes, has been followed~ 24 and 25 WHEREAS, after public hearing and study, the City Commission deems it in the 26 best interest of the inhabitants of said City to amend the aforesaid Element of the 27 Comprehensive Plan as adopted by the City herein. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1: The foregoing WHEREAS clauses are true and correct and 31 incorporated herein by this reference. S:\CA\Ordinances\Planning\Lar.d Use\Oceanside Land Use.doc 1 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 2 following: 3 That the Future Land Use of the following described land shall be designated as 4 Special High Density Residential (SHDR). Said land is more particularly described as 5 follows: 6 Lots 62 & 63 (Except that part of said lots conveyed to State of Florida by deed dated 7 December 30, 1957 and recorded December 31, 1957 in Official Records Book 140, Page 8 17), of "Trade Winds Estates", a subdivision in Palm Beach County, Florida, according to 9 the plat thereof as recorded in the office of the Clerk of the Circuit Court in and for Palm 10 beach County, Florida, in Plat Book 21, Page 45. 11 12 Containing approximately 2.26 acres of land. 13 14 Section 3: That any maps adopted in accordance with the Future Land Use Element 15 shall be amended accordingly. 16 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 1 7 repealed. 18 Section 5: Should any section or provision of this Ordinance or any portion thereof 19 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 20 the remainder of this Ordinance. 21 Section 6: This Ordinance shall take effect on adoption, subject to the review, 22 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 23 Planning and Land Development Regulation Act. No party shall be vested of any right by 24 . virtue of the adoption of this Ordinance until all statutory required review is complete and all 25 legal challenges, including appeals, are exhausted. In the event that the effective date is 26 established by state law or special act, the provisions of state act shall control. 27 FIRST READING this ~ day of ~ ,2004. S:\CA\Ordinances\Planning\Land Use\Oceanside Land Use.doc ,i I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECOND, FINAL READING and PASSAGE this --1- day of r ,2004. CITY OF BOYNTON BEACH, FLORIDA A TrEST: (Corporate Seal) e. ~. Wchc..-- ~ "./~ 7 ~ - c . o ) ~ "7 . , , .. , Co .~ ...-........ . S:\CA\OrdinanC88\Planoing\Land Use\Oceanside Land Use.doc