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O01-36ORDINANCE NO. ol- ,3g AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED ON THE SOUTH SIDE OF HYPOLUXO ROAD BETWEEN CONGRESS AVENUE AND LAWRENCE ROAD (SCHOOL DISTRICT OF PALM BEACH COUNTY); 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 MR-:5 (PALM BEACH COUNTY) TO MODR (MODERATE DENSITY RESIDENTS) (CITY); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has 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 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 ?ollowing: That the Future Land Use of the following described land shall be designated as MoDR (Moderate Density Residential). Said land is more particularly described as follows: The North Half (N. ½) of the West Quarter (W. ¼) of the North West Quarter (N.W. ¼) of the North East Quarter (N.E. ¼) of Section 7, Township 45 South, Range 43 East, Palm Beach County, Florida. Less the North 108 feet thereof. Subject to: easements, restrictions, reservations, road right-of-way of record, if any, and taxes for the year 2000 and thereafter. Containing +4.036 acres more or less. Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 >e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READ/NG this ~.~ day of Jct[,~ ,2001. SECOND, FINAL READING and PASSAGE this I"/ day of ,2001. kTTEST: Clerk Use C ITYz~B~? o~ssioner Commissioner