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03-030 ORDINANCE NO. 03- 030 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED ON THE EAST SDE OF FEDERAL HIGHWAY BETWEEN OCEAN AVENUE AND NE 4TH AVENUE; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE 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 ed a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Element by Ordinance No. 89-38 in accordance with the Local Government five Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a .. 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 ,est interest of the inhabitants of said City to amend the aforesaid Element of the Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY TI-IE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and ,orated herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the :\CA\Ordinances\Planning\Land Use\Mixed Use Core - 02-010.doc 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: A parcel of land lying within Sections 22 and 27, Township 45 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: PARCEL 1. A parcel of land containing Lots 24 (less the East 8 feet of North 98 Feet thereof), 25, 37, 38, 39, 40, 41, and 42 of Dewey's Subdivision as recorded in Plat Book 1, Page 37, Public Records of Palm Beach County, Florida. Together with: PARCEL 2. All of Casa Loma Subdivision (excluding Lots 13 to 16) as recorded in Plat Book 11, Page 3, Public Records of Palm Beach County, Florida. Containing a total acreage of approximately 18.63 acres. Section 2: That any maps adopted in accordance with the Future Land Use Element be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby ~ealed. Section 4: Should any section or provision of this Ordinance or any portion thereof declared by a court of competent jurisdiction to be invalid, such decision shall not affect remainder of this Ordinance. Section 5: This Ordinance shall take effect on adoption, subject to the review, or appeal provisions provided by the Florida Local Government Comprehensive and Land Development Regulation Act. No party shall be vested of any right by of the adoption of this Ordinance until all statutory required review is complete and all S:\CA\Ordinances\Planning\Land Use\Mixed Use-Core - 02-010.doc 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 Jt&.e~e,_, ., 2003. SECOND, FINAL READING and PASSAGE this / 7 .dayof ~3--t'cl~-',2003. CITY OF BOYNTON BEA~~R~~. ~' ~m~;;o~' / -- "- ' Commissioner ........ ATTEST: City Clerk --J~/o ~k~. ~:\CA\Ordinances\Planning\Land Use\Mixed Use-Core - 02-OlO.doc