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11-026 , I ORDINANCE NO. 11-026 r) L_ :3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, <I AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE [- LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A ,) 6 PARCEL OWNED BY HABIT A T FOR HUMANITY OF SOUTH -7 PALM BEACH, INC., AND LOCATED ON THE NORTHWEST (3 CORNER OF SOUTHWEST 6TH A VENUE AND SOUTHWEST 1ST 9 STREET; CHANGING THE LAND USE DESIGNATION FROM 10 PUBLIC AND PRIVATE GOVERNMENT ALl INSTITUTIONAL 11 (PPGI) TO MODERATE DENSITY RESIDENTIAL (MoDR); 12 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN 13 EFFECTIVE DATE. 14 1 [_ WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted ,D 16 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 18 Comprehensive Planning Act; and 19 WHEREAS, the procedure for amendment of a Future Land Use Element of a 20: Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 21 WHEREAS, after two (2) public hearings the City Commission acting in its dual 22 capacity as Local Planning Agency and City Commission finds that the amendment 21 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 24 the best interest of the inhabitants of said City to amend the aforesaid Element of the 25 Comprehensive Plan as provided. 2$ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 2i CITY OF BOYNTON BEACH, FLORIDA, THAT: ; i 28 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 2 herein by this reference. 3 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the Document in Windows Internet Explorer , I I following: r) That the Future Land Use of the following described land located on the Northwest <- :3 comer of Southwest 6th A venue and Southwest 1 st Street; changing the land use designation <I from Public and Private Governmental/Institutional (PPGI) to Moderate Density Residential [- (MoDR): ,) 6 THAT PORTION OF LOT 4, SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 -7 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8 1, PAGE 4, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, 9 DESCRIBED AS FOLLOWS: 10 Ll COMMENCING AT A POINT ON THE EAST LINE OF LOT 4, BEING 25 FEET 1 r) FROM THE SOUTHEAST CORNER OF SAID LOT 4; THENCE N.1008'32"W., "- ' 131 ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 300.75 FEET TO 141 THE SOUTHEAST CORNER OF MANGO HEIGHTS, ACCORDING TO THE 15 PLAT THEREOF AS RECORDED IN PLAT BOOK 30, PAGE 55, PUBLIC 16 RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N.89056'19"W., 17 ALONG THE SOUTH LINE OF SAID PLAT OF MANGO HEIGHTS, A 18 ' DISTANCE OF 123.70 FEET; THENCE S.P08'32"E., PARALLEL TO THE EAST 19 LINE OF SAID LOT 4, A DISTANCE OF 60.04 FEET; THEN N.89056' 19"W., A 20 DISTANCE OF 18.19 FEET; THENCE S.lo08'32"E., A DISTANCE OF 60.01 21, FEET; THENCE N.89056'19"W., A DISTANCE OF 19.53 FEET; THENCE 22 S.1008'32"E., A DISTANCE OF 120.03 FEET; THENCE S.89056' 19"E., A 2l DISTANCE OF 9.89 FEET; THENCE S.l o08'32"E., A DISTANCE OF 60.83 FEET 24 i TO A POINT ON A LINE 25.0 FEET NORTH OF AND PARALLEL TO THE 251 SOUTH LINE OF SAID LOT 4; THENCE N.90000'00''E., ALONG SAID 2EJ; PARALLEL LINE, A DISTANCE OF 151.54 FEET TO THE POINT OF 27 BEGINNING. 2~ 2~ CONTAINING APPROX. 44,514 SQUARE FEET I 1.02 ACRE, MORE OR LESS. 30 3~ I 32 Section 3: That any maps adopted in accordance with the Future Land Use Element of the ! 33 Future Land Use Plan shall be amended accordingly. i I 34 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. i 3~ Section 5: Should any section or provision of this Ordinance or any portion thereof be i 3~ declared by a court of competent jurisdiction to be invalid, such decision shall not affect the I ! Document in Windows Internet Explorer i i I i L, remainder ofthis Ordinance. I ~; Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, ! , ; ! I or appeal provisions provided by the Florida Local Government Comprehensive Planning and p' 11 I : I ~1 Land Development Regulation Act. No party shall be vested of any right by virtue of the I i I t! adoption of this Ordinance until all statutory required review is complete and all legal challenges, I j j' ti including appeals, are exhausted. In the event that the effective date is established by state law or ' I i j tl special act, the provisions of state act shall control. ! I ;' ! ~i FIRST READING this 4th day of October, 2011. th D CoT: $1 SECOND, PINAL READING and PASSAGE this ~ day of , 2011. ; I j: i I 10 CITY OF BOYNTON BEACH, FLORIDA 11, i I I I 14' I L~, i I 14 I I 1$; , ! I 11 I 1 I ! i 1 I i 1~1 2qj ~~i 231 241 I I , I ( 2~i 2 ~I I I 2J' ATTEST: 2 I I 2 j A / L~TU - t/ fl{~ l 3 I ,'i iLl, ,,' ( i 3 et M. Prainito, ; 3 ity Clerk , 3j I i I 341 3~! 3~ I (Corporate Seal) I I Document in Windows Internet Explorer , I I I j I i