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O94-48ORDINANCE NO. 094-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH THE HUNTER'S RUN COMMERCIAL TRACT (COMMERCIAL PARCEL FRONTING ON SOUTH CONGRESS AVENUE, EAST OF THE HUNTER'S RUN COMMUNITY) WITHIN PLANNING AREA 8.H; SAID TEXT AMENDMENT WILL ALLOW A LOCAL RETAIL COMMERCIAL LAND USE CLASSIFICATION; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, in 1973 the Hunter's Run Commercial Tract (a.k.a. Planning Area 8.h) was the subject of a settlement agreement and final judgement that resolved a zoning dispute by declaring, in part, the property owner's right to develop the property in accordance with the zoning classifications as they existed in 1972 (which was determined to be generally equivalent to the current C-3 zoning district and Local Retail Commercial land use classification); WHEREAS, the City Commission of the City of Boynton Beach, Florida adopted in 1989 a Comprehensive Plan and as part of said Plan a Future Land Use Element by Ordinance 89-38 in accordance with the Local Government Comprehensive Planning Act; WHEREAS, the Future Land Use Element contains the Section VIII. Land Use Problems and Opportunities which, in part, indicates the basis for land use classifications for selected properties as shown on the Future Land Use Map; and WHEREAS, the Future Land Use Element, Section VIII. Land Use Problems and Opportunities, recommends the Office COmmercial land use classification for Planning Area 8.h.; and WHEREAS, a summary judgement on June 3, 1994 declared that Office Commercial land use was inconsistent with the 1973 Stipulated Settlement and Final Judgement, and ordered the City to comply with its Settlement Agreement and 1973 Final Judgement; 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'text of the Future Land Use 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: $~ The portion of the Future Land Use Element entitled Land Use Problems and Opportunities, Planning Area 8, Area 8.h is hereby amended by adding the underlined text and by deleting the words and figures in the struck-through type as follows: Lh~-~ will b~ d~m=~d i~ L1l~ lo~-z~ for bhi~ ~O~L~i~i ~u~b~, M~i~h i~ i~ bt'~ Lou=l R~L~il Co~mu~zui~l l~d whi~h wall li= ov=z 500 E==L Lo LL= 2 1/2 mil== Lo LL= ~ozLh =~d 1 1/2 LL= oouLh, =~d LL= l=uk of =~ be =~LLploy=d i~'~ LL= d=v=lupm=~,L Of LLis di~=uL=d li~LLi~. The land use and zonin~ of this parcel shall remain consistent with ~ Stipulation Agreement and Order grantinc Defendant/Counter Plaintiffs, motion for p~rtial S~ary Judgment for Declarato~ Relief and Order Denying Plaintiff's Motion for S~a~ Jud~ent for Declarato~ Relief in Palm Beach County Case No. CL-91-7257 ~ That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. ~ Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or work be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 4: Authority is hereby granted to codify said ordinance. ~ ~e effective date of this Ordinance shall be the date a final order is issued by the Department of Co--unity Affairs finding this Text amendment to be in compliance in accordance with Chapter 163.3184, F.S.,; or the date a final order is issued by the Administration Commission finding said amendment to be in compliance in accordance with Chapter 163.3184, F.S. The notice of compliance becomes a final order 21 days following the issuance of the notice of compliance if during the 21-day period no petitions are filed challenging the amendment. Once issued, the Notice of Intent shall be attached hereto as Exhibit "A" and made a part of this ordinance by reference. FIRST READING this J day of October, 1994. SECOND, FINAL READING and PASSAGE this / day of ~Z~~, 1994. ATTEST: C~Y~OF B/O~ TON BEACH, FLORIDA CommiC°mmissm°n~· ....... er Ci~ Clerk (Corporate Seal) Hunter ' sRUn. oral 9/29/94, Rev.10/28/94 10/31/94