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15-025 ORDINANCE NO. 15 -025 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 89 -38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR PROPERTY OWNED BY VARIOUS OWNERS AND LOCATED 7 APPROXIMATELY 125 FEET EAST FROM NORTH SEACREST 8 BOULEVARD BETWEEN MARTIN LUTHER KING JR 9 BOULEVARD AND NORTHEAST 9 AVENUE; CHANGING THE 10 LAND USE DESIGNATION FROM LOCAL RETAIL COMMERCIAL 1 _ (LRC) AND MEDIUM DENSITY RESIDENTIAL (MeDR) TO MIXED 12 USE (MX); PROVIDING FOR CONFLICTS, SEVERABILITY, AND 13 AN EFFECTIVE DATE. 1 4 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 1 5 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 1 7 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 2 0 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 2' WHEREAS, after two (2) public hearings the City Commission acting in its dual 2 2 capacity as Local Planning Agency and City Commission finds that the amendment 2 3 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 2 4 the best interest of the inhabitants of said City to amend the aforesaid Element of the 2 5 Comprehensive Plan as provided. 2 6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 2 CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 8 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 2 9 herein by this reference. 3 0 Section 2: Ordinance No. 89 -38 of the City is hereby amended to reflect the C:\ Users\ prainitoj \AppData\Local\Microsoft\Windows \Temporary Internet Files \ Content .IE5 \QXD1PCBU\MLK_South_LUAR_ _Ordinance.doc 3" following: 3i That the Future Land Use of the following described land located approximately 125 3 feet east from North Seacrest Boulevard, between Martin Luther King, Jr. Boulevard and 3 Northeast 9 Avenue; changing the land use designation from Local Retail Commercial 3 (LRC) and Medium Density Residential (MeDR) to Mixed Use (MX). 3 LOTS 4 THROUGH 13, INCLUSIVE, BLOCK 4 AND LOTS 5 THROUGH 13, 3 ' INCLUSIVE, BLOCK 5, PALM BEACH COUNTRY CLUB ESTATES, ACCORDING 3 :; TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 43, PUBLIC 3 '% RECORDS OF PALM BEACH COUNTY, FLORIDA. 40 4 TOGETHER WITH: 4 -' 4 ; THE SOUTH 100 FEET OF THE WEST 5 FEET OF LOT 20, AND LOTS 21 AND 22, 4 ROBERT WELLS' SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS 4 RECORDED IN PLAT BOOK 11, PAGE 66, PUBLIC RECORDS OF PALM BEACH 4 COUNTY, FLORIDA, LESS THE NORTH 10 FEET FOR ROAD RIGHT -OF -WAY 4 ' PURPOSES. 4 4 '% AND TOGETHER WITH: 5 0 5 LOT 172, ARDEN PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN 5.' PLAT BOOK 2, PAGE 96, PUBLIC RECORDS OF PALM BEACH COUNTY, 5 ; FLORIDA. 5 5 Section 3: That any maps adopted in accordance with the Future Land Use Element of the 5 „ Future Land Use Plan shall be amended accordingly. 5 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 5 Section 5: Should any section or provision of this Ordinance or any portion thereof be 5 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 611 remainder of this Ordinance. 6 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 6 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 6 Land Development Regulation Act. No party shall be vested of any right by virtue of the C:\ Users\ prainitoj\AppData\Local\Microsoft\Windows \Temporary Internet Files \Content.1E5 \QXD 1 PCBU\MLK_South_LUAR_- Ordinance.doc 64 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 63 including appeals, are exhausted. In the event that the effective date is established by state law or 6 5 special act, the provisions of state act shall control. 67 FIRST READING this 6 day of OCTOBER 2015. 68 SECOND, FINAL READING and PASSAGE this 40 day of Ocresm 2015. 6 9 CITY OF BOYNTON BEACH, FLORIDA 70 7: YES NO 7 2 Mayor — Jerry Taylor r/ 73 7 4 Vice Mayor — Joe Casello ✓ 75 7 6 Commissioner — David T. Merker // 7 7 8 Commissioner — Mack McCray 79 8 0 Commissioner — Michael M. Fitzpatrick 8_ 82 _ 8 3 VOTE `J- a 8 4 ATTEST: 85 8 C... .. 11. °tJ_ • 8 8 Jan= M. Prainito, MMC 8 9 C Cler _ . 90 ■' , 4 . 9- (Cf .. } �� F D y 1 : , k 7 f' --'' C:\ Users\ prainitoj \AppData\Local\Microsoft\Windows \Temporary Internet Files \ Content .IE5 \QXDIPCBU\MLK_South_LUAR_ Ordinance.doc Exhibit A MLK SOUTH (LUAR 15 -001) LOCATION MAP 4. 4. W Z Martin Luther Ki g _ r Blvd RS CD CO 1111111 Z - NE 9th Ave - N r+ r W NE- $tit -Ave- Legend N Land Use Categories _.._..._.._'i MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U. /Acre r LOCAL RETAIL COMMERCIAL (LRC) MI PUBLIC & PRIVATE GOVERNMENTAL /INSTITUTIONAL (PPGI) 0 25 50 100 150 200 Feet Exhibit B Heart of Boynton Community Redevelopment Plan Proposed Land Use Map: HOB East, Update 2014 I�'I'► II Wblic Use l 1­11TT 1 Density: 11 -30 units /acre � -- i- Max Height: 45 feet %aLi I I , Single Family I; 1 I , Commercial 1 Nlulti= Fa ation I f NE 8th Ave Density: 1140 unitslacre Max Height: 45 feet N � Hz �� Ap — z Light In � ve _ 5t t O e m I� v t Z Multi - Family ve _ NE 4th Ave. � i Single Fam ily _ � NE 6th NE 6th Ave Legend Single Family Multi - Family Multi - Family /Commercial Commercial / Multi - Family j Light Industrial Recreation k a 1__V d � slacre LL Z Commercial 1 Multi- Family ``tl� I _1 Multi - Family Public Use 0 75 150 N 300 ` 450 600 D Feet