Loading...
05-0191 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 28 29 3O ORDINANCE NO. 05- O Iq AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A PARCEL OWNED BY LOUIS F. MASCIA/BOYNTON MOTEL, LLC., AND LOCATED AT 623 SOUTH FEDERAL HIGHWAY; CHANGING THE LAND USE DESIGNATION FROM LOCAL RETAIL COMMERCIAL (LRC) TO MIXED USE (MX); 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 pursuant to Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element ora Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as provided. 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 S:kCA\Ordinances~Planning\Land Use~Boynton Lofts.doc 7 8 9 10 11 12 13 14 15 ].6 17 18 19 20 21 22 23 24 25 26 27 28 incorporated herein by this reference. 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 located at 623 South Federal Highway in Boynton Beach, Florida shall be changed from Local Retail Commercial (LRC) and shall now be designated as Mixed Use (MX): Lots 5, 6, 7 and 8, less that portion of Lots 7 and 8, conveyed to the State of Florida for road fight of way, Block C, PENCE SUBDIVISION NO. 2, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 33. Subject to easements, restrictions, reservation and rights of way of record. Section 4: repealed. Section 5: Section 3: That any maps adopted in accordance with the Future Land Use Element of the Future Land Use Plan shall be amended accordingly. All ordinances or parts of ordinances in conflict herewith are hereby 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. S: ~CA\Ordinances\Planning~Land Use~Boynton Lofts .doc 5 6 '7 8 9 10 11 12 13 14 15 16 17 18 19 2O 2005. ATTEST: FIRST READING this { q day of ~ SECOND, FINAL READING and PASSAGE this 22 23 24 25 S: \CAk, Ordinances\Planning~Land Use\Boynton Lofts. doc 26 ,2005. day of CITY OF BOYNTON BEACH, FLORDA ~cce Mayor issioner Commissioner