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O96-22ORDINANCE NO. 096-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING ENCLAVE NO. 15; AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM MEDIUM RESIDENTIAL 5 (COUNTY) TO MEDIUM DENSITY RESIDENTIAL (CITY); 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 by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the City of Boynton Beach through an Interlocal Agreement with Palm Beach County, dated November 21, 1995, has annexed certain enclaves, more particularly described hereinafter; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 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 aforesaid 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: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as Medium Density Residential. Said land is more particularly described in Exhibit "A" attached hereto and made a Dart hereof. ~ That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: 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 5: The effective date of this Ordinance shall be the date a final order is issued by the Department of Community Affairs finding this 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 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 amendment. As evidence of Compliance said Notice shall be maintained by the Office of the City Clerk and made a part of this ordinance by reference. FIRST READING this /~ day of SECOND, FINAL READING and PASSAGE this I~P~/~ , 1996. ATTEST: Ci~ Clerk ' ~-- (Corporate Seal) . ~%%%%%%t111t11111111/ IIIII!i1111t~%~~ , 1996. day o f CITY OF BOYNTON BEACH, FLORIDA ~e ~yor / / /~ / Commissioner EXHIBIT "A" R-1 ZONING That portion of Tradewind Estates Amended Plat as reocrded in Plat Book 21, Page 73 in Palm Beach County Public Records, bounded at nortk by the north boundary line of said Tradewind Estates Amended Plat, at southeast by the north right-of- way line of Old Dixie Highway as mt is currently laid out an din use, and at the west by the center line of Sunset Road. For a total of 2.66 acres, more or less. R-2 ZONING That portion of Tradewind Estates Amended Plat as recorded in Plat Book 21, Page 73 in Palm Beach County Public Records, bounded at north by the north boundary line of said Tradewind Estates Amended Plat, at southeast by the north right-of- way line of Old Dixie Highway as it is currenty laid out and in use, at the east by the center line of Sunset Road, and the west by west boundary line of said Tradewind Estates Amended Plat. For a total of 1.08 acres, more or less. Together with that portion of Government lot 2 that is bounded at no~th and east by lot 35 of Tradewind Estates Amended Plat as recorded in Plat Book 21, Page 73 in Palm Beach County Public Records, at south by north right-of-way line of Old Dixie Highway as currently liad out and in use, and at the west by the west boundary line of said Tradewind Estates Amended Plat. Being 0.12 acres, more or less. Said area being 1.20 acres in total, more or less.