04-083
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1 ORDINANCE NO. 04- OB3
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3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE
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51 89-38 BY AMENDING THE FUTURE LAND USE
6! ELEMENT OF THE COMPREHENSIVE PLAN
71 FOR A PARCEL OWNED BY BOYNTON MANGO
81 LLC. AND LOCATED AT THE NORTHWEST
9 CORNER OF BOYNTON BEACH BOULEV ARD
10 AND NORTHWEST 7TH COURT; CHANGING
11' THE LAND USE DESIGNATION FROM LOW
121 DENSITY RESIDENTIAL TO LOCAL RETAIL
13 COMMERCIAL; PROVIDING FOR CONFLICTS,
14 SEVERABILITY, AND AN EFFECTIVE DATE.
151 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has
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17 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
18 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local
19 Government Comprehensive Planning Act; and
20 WHEREAS, the procedure for amendment of a Future Land Use Element of a
21 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed;
22 and
23 WHEREAS, after public hearing and study, the City Commission deems it in I
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24 the best interest of the inhabitants of said City to amend the aforesaid Element of the I
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25 I Comprehensive Plan as provided.
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I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF I
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27 I THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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28 I Section 1: The foregoing WHEREAS clauses are true and correct and
29 I incorporated herein by this reference.
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30 I Section 2: Ordinance No. 89-38 ofthe City is hereby amended to reflect the
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1 following:
2 That the Future Land Use of the following described land located at the
3 Northwest comer of Boynton Beach Boulevard and Northwest ih Court in Boynton
4 Beach, Florida shall be changed from Low Density Residential and shall now be
5 designated as Local Retail Commercial (LRC):
6 THE SOUTH 50 FEET OF LOT 11, DEIERL PARK,
7 according to the plat recorded in Plat Book 23, Page 236,
8 recorded in public records of Palm Beach County, Florida;
9 said land situate, lying and being in Palm Beach County,
10 Florida.
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13 Subject to easements, restrictions, reservation and rights of way of record.
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16 Section 3: That any maps adopted in accordance with the Future Land Use Element
17 of the Future Land Use Plan shall be amended accordingly.
18 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
19 repealed.
20 Section 5: Should any section or provision of this Ordinance or any portion thereof
21 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
22 the remainder of this Ordinance.
23 Section 6: This Ordinance shall take effect on adoption, subject to the review,
24 challenge, or appeal provisions provided by the Florida Local Government Comprehensive
25 Planning and Land Development Regulation Act. No party shall be vested of any right by
26 virtue of the adoption of this Ordinance until all statutory required review is complete and
27 all legal challenges, including appeals, are exhausted. In the event that the effective date is
28 established by state law or special act, the provisions of state act shall control.
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2· FIRST READING this ~ day of OC.To ber ,2004.
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31 SECOND, FINAL READING and PASSAGE this ~ day of Dc-Tober,
4 2004.
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211 ¡ ATTEST:
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24 C y Clerk
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26 (Corporate Seal)
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