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O99-10~ t<L ORDINANCE NO. 099-/~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING 9.64 ACRES OF LAND OWNED BY MICHAEL SCHROEDER AS TRUSTEE, AND MARILYN R. SELVA; 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 C-H (COMMERCIAL HIGH) IN PALM BEACH COUNTY TO LOCAL . RETAIL COMMERCIAL; 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 procedure for Element of a Comprehensive Plan as Statutes, has been followed; and amendment of a Future Land Use set forth in Chapter 163, Florida 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 TT 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 II the following: That the Future Land designated as Local Retail described as follows: Use of the following described land shall be Commercial. Said land is more particularly SEE EXHIBIT "A" A-rTACHED HERETO. 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 Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 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 small scale development plan amendment shall be 31 days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. FIRST READING this ~ day of April, 1999. SECOND, FINAL READING and PASSAGE this ~ day of 1999. AT-J-EST: Ci~ Clerk CITY~ F BO~NTON Mayor B/E~H, F~LORIDA Commissioner Commissioner Commissioner Tract 51 of the SUBDi'VI'SibN '(~F'~'0~U'i~IEA~T'~ ~F'SEG~TION 19, TOWNSHIP 45 SOU'ii-il RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida. Tract 52 of the SUBDIVISION OF SOUTHEAST % of SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida. Also described as the South ½ of the Southwest % of the Southwest % of the Southeast % of SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LESS the West 15 feet thereof; and LESS that portion thereof lying within' the Lake Worth Drainage Distdct Canal L-24 Right-of- Way. Also, that part of the Lake Worth Drainage Distdct Canal L-24 right-of-way lYing North and adjacent to Block 7 of the Plat of Palm Beach Farms Company Plat No. 8, according to the Plat recorded in Plat Book 5, Page 73, of the Public Records of Palm Beach County, 'Florida; same portion of said Canal L-24 dght-of way lying within Tract 52 of the Subdivision of Southeast % of Section 19, Township 45, Range 43, according to the Plat recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida. Together with the West 15 feet of Tract 52 of the Subdivision of SE % of Section 19, Township 45, Range 43, according to the Plat recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida. Together with the right-of-way of Knuth Road lying West and adjacent to the afore described Tracts 51 and 52.