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04-0371 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 ORDINANCE NO. 04- 03-'/ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY CONSISTING OF APPROXIMATELY 2.26 ACRES AND LOCATED AT 3655 NORTH FEDERAL HIGHWAY; 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 LOCAL RETAIL COMMERICAL TO SPECIAL HIGH DENSITY RESIDENTIAL; 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 hearing 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. S:\CA\Ordinances\Planning\Land Use\Oceanside Land Use.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as Special High Density Residential (SHDR). Said land is more particularly described as follows: Lots 62 & 63 (Except that part of said lots conveyed to State of Florida by deed dated December 30, 1957 and recorded December 31, 1957 in Official Records Book 140, Page 17), of "Trade Winds Estates", a subdivision in Palm Beach County, Florida, according to the plat thereof as recorded in the office of the Clerk of the Circuit Court in and for Palm beach County, Florida, in Plat Book 21, Page 45. Containing approximately 2.26 acres of land. 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 I~ day of ~_ 2004. d S:\CA\Ordinances\Planning\Land Use\Oceanside Land Use.doc 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 __ ATTEST: ~C~Cle;k I day of ~ ,2004. CITY OF BOYNTON BEACH, FLOR[DA Vice Mayor (Corporate Seal) S:~,CA\Ordinances\Planning\Land Use\Ocean$ide Land Use.doc