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16-012ORDINANCE NO. 16 -012 1� 1: l: 1: 1 , 1! D 1' 1. l 21 2: 2.' 2. 2 2! 21 2' 2� AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE APPLICATION OF MICHAEL BERTINO OF 601 SE 4 STREET, LLC. & 601 SOUTH FEDERAL, LLC, FOR HIDDEN BROOK CORPORATION, OWNER FOR A LAND USE AMENDMENT FOR A PARCEL OF LAND LOCATED AT 601 FEDERAL HIGHWAY FROM LOCAL RETAIL COMMERCIAL (LRC) TO MIXED USE (MX); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Michael Bertino of 601 SE 4` Street, LLC. & 601 South Federal, LLC, has filed a petition on behalf of the owners, Hidden Brook Corporation High Ridge Housing, LLC., to change the land use designation of a parcel of land more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the land use amendment and heard testimony and received evidence which the Commission finds support for the land use amendment for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed land use amendment is consistent with the City's Comprehensive Plan and otherwise comparable City plans for development; and WHEREAS, the City Commission, exercising its legislative powers, deems it in the best interests of the residents and property owners of said City to amend the land use as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: (00135922.1 306 - 9001821) 2 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 5 5 5 5 5 Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The land use designation for the following described land is changed from LOCAL RETAIL COMMERCIAL (LRC) to MIXED USE (MX). LEGAL DESCRIPTION: LOTS 1, 2,3 AND 4, BLOCK C OF PENCE SUBDIVISION NO. 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 33 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE EAST 13 FEET OF LOTS 1 AND 4 FOR RIGHT OF WAY STATE ROAD NO. 5 (US NO. 1) AS SHOWN IN ROAD PLAT BOOK 3 ON PAGE 11. A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 4 11 reference. Section 3. That the Future Land Use Map of the City is amended to reflect this land use change. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. 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 6. This ordinance shall become effective upon final passage and expiration of the time for reconsideration. {00135922.1306- 9001821} 59 5 9 5 5 6 6 6 6 6 6 6 6 6 6 7 7 7 7 7 7 7 7 8 8 8 8 8 FIRST READING this 21 day of June, 2016. SECOND, FINAL READING AND PASSAGE this . ,� day of 1, , 2016. — T d CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE ATTEST: J ith A. Pyle fI terim City Clerk (Corporate Seal) (00135922.1 306 - 9001821) EXHIBIT A SITE LOCATION MAP 601 S. FEDERAL HIGHWAY (LUAR 16 -002) Sterlin -�s Y� Legend Future Land Use Categories = LOCAL RETAIL COMMERCIAL (LRC) =MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U. /Acre HIGH DENSITY RESIDENTIAL (HDR) Max. 11 D.U. /Acre RECREATIONAL (R) MIXED USE (MX) 3 z d Fi Ila N 1 0 25 50 100 150 200 eet ' rSE'Stlf"Ave