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04-086 11 j 1 ORDINANCE NO. 04- oeCo 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA AMENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE 6 ELEMENT OF THE COMPREHENSIVE PLAN FOR 7 A 0.72 ACRE PARCEL OWNED BY HANY 8 EDWARD; THE LAND USE DESIGNATION IS 9 , BEING CHANGED FROM COMMERCIAL HIGH 10 I INTENSITY TO LOCAL RETAIL COMMERCIAL; 11 I PROVIDING FOR CONFLICTS, SEVERABILITY, ~~ I AND AN EFFECTIVE DATE, WHEREAS, the City Commission of the City of Boynton Beach, Florida has 14 . 15 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 16 Use Element by Ordinance No. 89-38 in accordance with the Local Government 17 Comprehensive Planning Act; and 18 WHEREAS, the procedure for amendment of a Future Land Use Element of a 19 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 20 and 21 WHEREAS, after public hearing and study, the City Commission deems it in 22 the best interest of the inhabitants of said City to amend the aforesaid Element of the 23 Comprehensive Plan as adopted by the City herein. 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1: The foregoing WHEREAS clauses are true and correct and 27 incorporated herein by this reference. 28 Section 2: Ordinance No. 89-38 ofthe City is hereby amended to reflect the 29 following: S:\CA\Ordinances\Pla~ning\Land Use\Edward Medical Office.doc II i 1 That the Future Land Use of the following described land shall be designated as 2 Local Retail Commercial (LRC). Said land is more particularly described as follows: 3 Lot 68, amended plat of Trade Winds Estates, according to the plat 4 thereof recorded in Plat Book 21, Page 73 of the Public Records of 5 Palm Beach County, Florida, less the right-of-way for U.S. Highway 6 No. 1 (State Road 5) as shown in Road Plat Book 2, Pages 156 to 7 165. 8 9 10 Subject to easements, restrictions, reservation and rights of way of record, 11 12 Said lands situate, lying and being in Palm Beach County, Florida. 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15 shall be amended accordingly. 16 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 17 repealed. 18 Section 5: Should any section or provision of this Ordinance or any portion thereof 19 be declared by a court of competent jurisdiction to be invalid, such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 I 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 ofthe adoption ofthis Ordinance until all statutory required review is complete and 25 I all legal challenges, including appeals, are exhausted, In the event that the effective date is I ¡ 26 I established by state law or special act, the provisions of state act shall control. I 27 I ! ! ~ day of Ocrober 28 i FIRST READING this ,2004. I , 29 , i I I I S,\CA\Ordinances\Planning\Land ëse\Edward Medical Office,doc II , 1 2 SECOND, FINAL READING and PASSAGE this ~ day of Dc:ro b~{" , 3 2004. 4 CITY OF BOYNTON BEACH, FLORIDA ~ I /-7 -- _.~ .-' -.. ATTEST: - -, 25 26 ""';;~o4~l~yr I I I I i . i i , , I I ¡ I I r i I I S:\CA\Ordinan~es\Planning\Land Use\Edward Medical Office.doc I I I