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03-042ORDINANCE NO. 03- Oq 2.. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED APPROXIMATELY ONE-QUARTER MILE WEST OF CONGRESS AVENUE, NORTH OF THE L- 28 CANAL, SOUTH OF GOLF ROAD (SERRANO AT BOYNTON); AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREIN; THE LAND USE DESIGNATION IS BEING CHANGED FROM MR-5 (PALM BEACH COUNTY) TO LOW DENSITY RESIDENTIAL (LDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has 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 heating and study, the City Commission deems it in the best interest of the inhabitants of said City to a mend t he a foresaid Element o f t he 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\Serrano Land Use.doc following: That the Future Land Use of the following described land shall be designated as Density Residential (LDR). Said land is more particularly described as follows: The Southeast quarter (S.E. 1/4) of the Southwest quarter (S.W. 1/4) of the Southeast quarter (S.E. 1/4) of Section 31, Township 45 South, Range 43 East, Palm Beach County, Florida. LESS the South 40 feet thereof. AREA OF SITE: 424,377 Square Feet or 9.742 Acres, more or less. Containing approximately +9.74 acres of land Section 2: That any maps adopted in accordance with the Future Land Use Element ~hall 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 Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: 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 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 Iq dayof iqtJean~-'r ,2003. .3 SECOND, FINAL READING and PASSAGE this ~ dayof~~.t, 2003' \Planning\Land Use\Serrano Land Use.doc kTTEST: CITY ~)/F BOYI~TON B~ACH, FLORIDA Commissioner ::\CA\Ordinances\Planning\Land Use\Serrano Land Use.doc