17-010ORDINANCE NO. 17 -010
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AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINANCE 89 -38 BY AMENDING THE FUTURE
LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR
PROPERTY COMMONLY KNOWN AS NURSE 1 AND DESCRIBED
HEREIN, OWNED BY CM &J BOYNTON PROPERTIES, LLC.;
CHANGING THE LAND USE DESIGNATION FROM HIGH
DENSITY RESIDENTIAL (HDR) TO LOCAL RETAIL
COMMERICAL (LRC); 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
pursuant to Ordinance No. 89 -38 and in accordance with the Local Government
Comprehensive Planning Act; and
WHEREAS, the procedure for amendment of a Future Land Use Element of a
Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
WHEREAS, after two (2) public hearings the City Commission acting in its dual
capacity as Local Planning Agency and City Commission finds that the amendment
hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
the best interest of the inhabitants of said City to amend the Future Land Use Element
(designation) of the Comprehensive Plan as hereinafter provided.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
herein by this reference.
Section 2: Ordinance No. 89 -38 of the City is hereby amended to reflect the
following:
That the Future Land Use of the land described in Exhibit "A" is amended from High
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Density Residential (HDR) to Local Retail Commercial (LRC ).
Section 3: That any maps adopted in accordance with the Future Land Use Element of the
Future Land Use Plan shall be amended accordingly.
Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 take effect on adoption, subject to the review, challenge,
or appeal provisions provided by the Florida Local Government Comprehensive Planning and
Land Development Regulation Act. No party shall be vested of any right by virtue of the
adoption of this Ordinance until all statutory required review is complete and all legal challenges,
including appeals, are exhausted. In the event that the effective date is established by state law or
special act, the provisions of state act shall control.
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FIRST READING this day of , 2017.
SECOND, FINAL READING and PASSAGE this La day of 2017.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant
Vice Mayor — Justin Katz '✓
Commissioner — Mack McCray
Commissioner — Christina L. Romelus
Commissioner — Joe Casello
v'OTL
ATTEST:
Judt , A. Pyle, CMC
City Clerk
(Corporate Seal)
EXHIBIT "A"