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06-044 " 1 ORDINANCE NO. 06-D4L/ 2. 3 ! I 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 ROBERT RICHARDSON, JR., AND MARK 8 C. DALY, AND LOCATED ON THE EAST SIDE OF 9 FLORIDA EAST COAST RAILROAD RIGHT -OF-WAY, 10 NORTH AND SOUTH OF SOUTHEAST 10 TH AVENUE; 11 CHANGING THE LAND USE DESIGNATION FROM 12 LOCAL RETAIL COMMERCIAL (LRC) TO 13 INDUSTRIAL (I); PROVIDING FOR CONFLICTS, 14 SEVERABILITY, AND AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 17 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 2 6 Comprehensive Plan as provided. 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 28 CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 30 herein by this reference. S,\CA\Ordinances\Planning\Land Use\Hathaway Park 06-Q07.doc " 1i i, 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 4 Florida East Coast railroad right-of-way, North and South of Southeast 10th Avenue, in 5 Boynton Beach, Florida shall be changed from Local Retail Commercial (LRC) and shall now 6 be designated as Industrial (1): 7 8 South Y2 lot 13 and lots 14 thru 20 together with the abandoned right- 9 of-way- of East Railroad Avenue adjacent to the south Y210t 13, Lot 10 14, lot 15 and lot 16, Block "E" and Lot 1, Block "G", Hathaway 11 Park, a subdivision as recorded in Plat Book 13, Page 17 in the Public 12 Records of Palm Beach County, Florida. 13 14 Containing: 1.07 acres more or less. 15 16 Subject to easements, restrictions, reservation and rights of way of record. 17 18 19 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe 20 Future Land Use Plan shall be amended accordingly. 21 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 22 Section 5: Should any section or provision of this Ordinance or any portion thereofbe 23 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 24 remainder of this Ordinance. 25 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 26 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 27 Land Development Regulation Act. No party shall be vested of any right by virtue of the 28 adoption ofthis Ordinance unti I all statutory required review is complete and all legal challenges, 29 including appeals, are exhausted. In the event that the effective date is established by state law or S:\CA\Ordinances\planning\Land Use\Hathaway Park 06-007.doc " 1 special act, the provisions of state act shall control. 2 FIRST READING this ~ day of ,2006. SECOND, FINAL READING and PASSAGE is /WI! day of 'fh ~ ' 2006. CITY OF BOYNTON BEACH, FLORIDA 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ATTEST: ~~ ~/f-~ 24 25 (Corporate Seal) 26 S:\CA\Ordinances\Planning\Land Use\Hathaway Park 06-007.doc ~f'-J~