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O95-18ORDINANCE NO. 095-/8 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE CARRIAGE GATE CONDOMINIUM PROPERTY (9.7 ACRES OF PROPERTY ON THE SOUTH SIDE OF OLD BOYNTON ROAD, OPPOSITE NICKELS BOULEVARD) 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 DESIGNATION IS BEING CHANGED FROM RESIDENTIAL 8 (COUNTY) TO HIGH DENSITY RESIDENTIAL (CITY); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commissmon 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, certain tracts of land more particularly described hereinafter are being annexed by the City in accordance with the application completed by the City for the owner of the following property, pursuant to the Annexation Program, by Ordinance being adopted simultaneously herewith; 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, TREREFORE, BE IT ORDAINED BY THE CiTY CO~R~ISSION 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 High Density Residential. Said land is more particularly described as follows: Tracts 55 and 56, subdivision of Section 19, Township 45 south, range 43 east, according to the plat thereof on file in the office of the Clerk of the Circuit Court, in and for Palm Beach County, Florida, in Plat Book 7, Page 19, together with any and all of Block 16, West Boynton Subdivision No. 2-C, 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 15, page 14, lying between the southerly right-of- way of Old Boynton Road, as now laid out and in use, the northerly extension of the west line of said Tract 56 and the northerly extension of the east line of said tract 55, subdivision of section 19, township 45 south, range 43 east. Less, however, the northerly 7.00 feet thereof, for the ultimate right-of-way of Old Boynton Road. Containing 9.742 acres more or less. Subject to easements, restrictions, reservations and righ~s-of-way of record. ~ That any maps adopted in accordance with the Future Land Use Element of said Comprehensive Plan shall be amended accordingly. ~ All 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. ~ 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 this 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 /~ day of ///~ , 1995. SECOND, FINAL READING and PASSAGE this ~z~'_, 1995. day of ATTE S T: (Corporate Seal CarriageGate LandUse. Ord 5/4/95 LOCATION MAP PCN# 00-43-45-19-16-000_0000 I