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ORDINANCE NO. 04- O&~-
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING SIX PARCELS
TOTALING APPROXIMATELY + 15.036 ACRES,
AND MORE PARTICULARLY DESCBRIBED
HEREIN; AMENDING ORDINANCE 89-38 BY
AMENDING THE FUTURE LAND USE EI JEMENT
OF THE COMPREHENSIVE PLAN OF THE CITY
FOR THE PROPERTY; THE LAND USE
DESIGNATION IS BEING CHANGED FROM MIXED
USE (MX) TO MIXED USE-CORE (MX-C),
RETAINING THE EXISTING CONSERVATION
OVERLAY; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, 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
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 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: 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
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Use. doc
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following:
That the Future Land Use of the following described land shall be designated as
Mixed Use-Core (MX-C), retaining the existing Conservation Overlay. Said land is
more particularly described as follows:
That portion of land situated in Range 43 East, Township 45 South, Section 22, in the
City of Boynton Beach, more particularly described as follows: Lots 21, 22, 23, East
8 feet of North 98 feet of lot 24, lot 26 less South 45 feet thereof, lots 27, 28 and 29
of the DEWEY SUBDIVISION as recorded in Plat Book 1, Page 37 of the Public
Records, Palm Beach County, Florida.
Section 3: That any maps adopted in accordance with the Future Land Use Element
shall be amended accordingly.
Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 5: 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 6: 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 7 day of ~ · ,2004.
S:\CA\Ordinances\Planning\Land Use\Mixed Use Core -03-008 Land Use.doc
SECOND, FINAL READING and PASSAGE this o~O dayof ~,or;I ,2004.
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ATTEST:
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CITY OF BOYNTON BEACH, FLORIDA
/ yor ./
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S:\CA\Ordinances\Planning\Land Use\Mixed Use Core 03-008 Land Use.doc