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04-045 II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ORDINANCE NO. 04-045 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY CONSISTING OF APPROXIMATELY 81.814 ACRES AND LOCATED BETWEEN CONGRESS AVENUE AND THE L WDD E-4 CANAL AND SOUTH OF THE C-16 (BOYNTON) CANAL, MORE PARTICULARLY DESCRIBED HEREIN; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE; THE LAND lTSE DESIGNATION IS BEING CHANGED FROM MODERATE DENSITY RESIDENTIAL TO MIXED-USE-SUBURBAN; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 20 21 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 22 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 23 Use Element by Ordinance No. 89-38 in accordance with the Local Government 24 Comprehensive Planning Act; and 25 WHEREAS, the procedure for amendment of a Future Land Use Element of a 26 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 27 and 28 WHEREAS, after public hearing and study, the City Commission deems it in 29 the best interest of the inhabitants of said City to amend the aforesaid Element of the 30 Comprehensive Plan as adopted by the City herein. 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S,\CA\Ordinances\Planning\Land Use\Boynto~ 7illage.doc II 1 2 Section 1: The foregoing WHEREAS clauses are true and correct and 3 incorporated herein by this reference. 4 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 5 following: 6 That the Future Land Use of the following described land shall be designated as 7 mixed Use-Suburban. Said land is more particularly described as follows: 8 See Exhibit "A" 9 10 Containing approximately 81.814 acres, more or less. 11 12 Subject to easements, restrictions, reservation and rights of way of record. 13 14 Said lands situate, lying and being in Palm Beach County, Florida. 15 16 Section 3: That any maps adopted in accordance with the Future Land Use Element 17 shall be amended accordingly. 18 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 19 repealed. 20 Section 5: Should any section or provision of this Ordinance or any portion thereof 2 1 be declared by a court of competent jurisdiction to be invalid,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 s, \CA\Ordinances\Planning\Land Use\Boynton Village .doc II 1 established by state law or special act, the provisions of state act shall control. 2 FIRSTREADINGthis~dayof Ju.I~ ,2004. 3 4 SECOND, FINAL READING and PASSAGE this ~ day of Feb,.III.t"1-' 5 2005. 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 / J;",i""" ~~.~ Commissioner' (~ ATTEST: tY). I~) S,\CA\Ordinances\Planning\Land Use\Boynton Village.doc BOYNTON VILLAGE AND BOYNTON TOWN CENTER I LOCATION MAP o i e c'j == ! & ~ " o ... Local Rata" Commarclal BOYNTON CANAL BOYNTON VILLAGE LUAR 04-006 SuburIJan Mlxad Usa 81.814 acres LUAR 0+007 Loca' Ret." Com .reI., 25.00 .e.... Industrial Local Commercial ((( "\, Y .. - W+E S - - -