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1 ORDINANCE NO. 10- OOl.3
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3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE
5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A
6 PARCEL OWNED BY THE SCHOOL DISTRICT OF PALM BEACH
7 COUNTY AND LOCATED WEST OF THE SOUTHERN TERMINUS
8 OF 31sT TERRACE SOUTH, CONTIGUOUS TO THE NORTHERN
9 BOUNDARY OF THE CONGRESS MIDDLE SCHOOL AT 101
10 SOUTH CONGRESS A VENUE; CHANGING THE LAND USE
11 DESIGNA TION FROM PALM BEACH COUNTY INDUSTRIAL
12 (IND) TO MODERATE DENSITY RESIDENTIAL (MoDR);
13 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN
14 EFFECTIVE DATE.
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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 Ie AIOrdinances\Planning,Land Use\Ordinance - Congress Middle School- Land Use.doc
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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 west of the
4 southern terminus of31 st Terrace South, contiguous to the northern boundary of the Congress
5 Middle School at I 0 I South Congress A venue; changing the land use designation from Palm
6 Beach County Industrial (IND) to Moderate Density Residential (MoOR):
7 LOT E, BLOCK 30, PALM BEACH FARMS CO. PLAT NO.8, ACCORDING
8 TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 73, OF
9 THE PUBLIC RECORDS OF PALM BRACH COUNTY, FLORIDA.
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11 SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON
12 BEACH, PALM BEACH COUNTY, FLORIDA
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14 CONT AINING APPROX. 41 ,243 SQUARE FEET / 0.95 ACRE, MORE OR LESS.
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17 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe
18 Future Land Use Plan shall be amended accordingly.
19 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
20 Section 5: Should any section or provision of this Ordinance or any portion thereof be
21 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
22 remainder of this Ordinance.
23 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
24 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
25 Land Development Regulation Act. No party shall be vested of any right by virtue of the
26 adoption of this Ordinance until all statutory required review is complete and all legal challenges,
27 including appeals, are exhausted. In the event that the effective date is established by state law or
28 special act, the provisions of state act shall control.
S ICAIOrdmances\Plannmg,Land Use\Ordmance - eongress Middle School- Land Use. doc
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1 FIRST READING this ~ day of ~Ternbet"" ,2010.
2 SECOND, FINAL READING and PASSAGE this 5-#\ day of -~TQ.1~JD 2010.
3 CITY OF BOYNTON BEACH, FLORIDA
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19 ATTEST:
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28 {Corporate Seal)
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S \CA\Ordinances\Planning,Land UselOrdinance - Congress Middle School- Land Use doc