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06-017 II 1 ORDINANCE NO. 06-D 17 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE ELEMENT 6 OF THE COMPREHENSIVE PLAN FOR A PARCEL 7 OWNED BY SOUTHERN DANCE THEATRE, INC., 8 AND LOCATED ON THE EAST SIDE OF KNUTH 9 ROAD APPROXIMATELY 495 FEET SOUTH OF OLD 10 BOYNTON ROAD (1203 KNUTH ROAD); CHANGING 11 THE LAND USE DESIGNATION FROM PALM BEACH 12 COUNTY (CH/8) TO LOCAL RETAIL COMMERCIAL 13 (LRC); PROVIDING FOR CONFLICTS, 14 SEVERABILITY, AND AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted 1 7 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 18 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 19 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; and 22 WHEREAS, after two (2) public hearings the City Commission acting in its dual 23 capacity as Local Planning Agency and City Commission finds that the amendment 24 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 25 the best interest of the inhabitants of said City to amend the aforesaid Element of the 26 Comprehensive Plan as provided. 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 28 CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 9 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 30 herein by this reference. S:\CA\Ordinances\Planning\Land Use\Southern Dance.doc II 1 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 2 following: 3 That the Future Land Use of the following described land located on the east side of Knuth Road approximately 495 south of Old Boynton Road (1203 Knuth Road) in Boynton Beach, Florida shall be changed from Palm Beach County (CH/8) and shall now be designated as Local Retail Commercial (LRC): The south 128.5 feet oftract forty-eight (48) of section nineteen (19), Township 45 south, Range 43 east, as recorded in the office of the clerk of the circuit court of Palm Beach County, Florida, in Plat Book 7, Page 19 Subject to easements, restrictions, reservation and rights of way of record. Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe 17 Future Land Use Plan shall be amended accordingly. 18 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 19 Section 5: Should any section or provision of this Ordinance or any portion thereof be 20 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 2 1 remainder of this Ordinance. 22 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 23 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 24 Land Development Regulation Act. No party shall be vested of any right by virtue of the 25 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges, 26 including appeals, are exhausted. In the event that the effective date is established by state law or 27 special act, the provisions of state act shall control. S:\CA\Ordinances\Planning\Land Use\Southern Dance.doc 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 II FIRST READING this.:::?Jsrday of Wtla.IC.<---1' ,2006. I SECOND, FINAL READING and PASSAGE this ~ day of '1n~, 2006. 1 2 3 ATTEST: 1n.~ ~ CITY OF BOYNTON BEACH, FLORIDA t7)9~ '(.~ Commissioner S:\CA\Ordinances\Planning\Land Use\Southern Dance.doc