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06-063 " 1 ~ II 4i 5 6 7 8 9 10 11 12 13 14 15 ORDINANCE NO. 06-0'-3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A PARCEL OWNED BY SUNSHINE SQUARE CRP, LLC., AND LOCATED AT THE SOUTHWEST CORNER OF WOOLBRIGHT ROAD AND SOUTH FEDERAL HIGHWAY; CHANGING THE LAND USE DESIGNATION FROM LOCAL RETAIL COMMERCIAL (LRC) TO MIXED USE (MX); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 16 WHEREAS, the City Commission ofthe 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 26 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\Sunshinc Square] 20506_doc " 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 at the southwest 4 comer of the intersection of Federal Highway and Woolbright Road is changed from Local 5 Retail Commercial (LRC) to Mixed Use (MX). 6 7 See Exhibit "A" attached hereto. 8 9 Containing: 14.42 acres more or less. 10 11 Subject to easements, restrictions, reservations, covenants and rights of way of record. 12 13 14 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe 15 Future Land Use Plan shall be amended accordingly. 16 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 17 Section 5: Should any section or provision of this Ordinance or any portion thereof be 18 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 19 remainder of this Ordinance. 20 Section 6: This Ordinance shall take effect on adoption, s!ibject to the review, challenge, 21 or appeal provisions provided by the Florida Local Gevemment Comprehensive Planning and 22 Land Development Regula:ion ,'\ct. No party shall be vested of al1Y right by virtue of the 23 adoption ofthis Ordinance until all statutory required reo/ie'll is complete and all legal ehallenges, 24 inellfding appeals, are e)(halfsted. In the event that the effective date is established by state law er 25 special act, thc provisions of state act shall control. The effective date of this plan amendment 26 shall be: The date a final order is issued by the Department of Community Affairs finding the 27 amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final S:\CA \Ordinances\Planning\Land Use\Sunshine Square 120506.doc 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 " 1 order is issued by the Administration Commission finding the amendment to be in compliance in 2 accordance with Section 163.3184. F.S. 3 -- FIRST READING this ~ day of ...J (ALl ,2006. SECOND, FINAL READING and PASSAGE this L day of /JecePlb<<., 2006. 4 CITY OF BOYNTON BEACH, FLORIDA / o cCray ~__JO~~ /' J ) Commission~' > ) ~47 ,-" -. ~ (Corporate Seal) S:\CA \Ordinances\Planning\Land Use\Sunshine Square 120506.doc LOCATION MAP Sunshine Square LUAR 06-016 -'1 II[TI I II 11 r'1 HIl- I I~'-~~ I 11/-11=1 I II ~ I II 1-_ ::1" ~H "WI r~~~~ III /Ib ~ I UW' 'I " I 9'11'& ?:fA r1~ IL I I 1== - ~ ~ .~ I- ~ - <$>m ~JmnCW?]11 e- I 'OJ'" a:fJ1I1 II 111/ .f'1111 ......... ~;~ R - cr: ~- ~ ~f- -- w-\i ~- I-- I I T -- ~ ~ ~ III111 IJ t I 1 I I I I ~~fl6C ~J1W1"h1 ffi~'Y)1 ((>/ ... .'"\" i ):=- 960 480 o C)'-r)il:),L r1' I)" I Ii I I ~- 1tIJri}rra ~ illmU~ III Ir (~ . ( r 10 o - ~ - I I-- 960 Feet N A