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17-0321 1 1 Z 1 1 1 1 1 1 20 2 2 23 24 2 26 27 28 29 ORDINANCE NO. 17-032 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 ALDI AND DESCRIBED HEREIN, OWNED BY MG3 3452 WEST BOYNTON LLC.; CHANGING THE LAND USE DESIGNATION FROM OFFICE COMMERCIAL (OC) TO LOCAL RETAIL COMMERCIAL (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: C:\Users\Nievesq\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\U6KEIFJI\ALDI LUA - Ordinance (2nd Read).Doc 3 4 4 4 4 4 4 4 4 4 4 61 62 63 64 65 66 67 A PARCEL OF LAND IN BLOCKS 8 AND 25, PALM BEACH FARMS CO. PLAT NO. 8, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT OF INTERSECTION WITH THE WEST LINE OF SAID BLOCK 8 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST BOYNTON BEACH ROAD (STATE ROAD NO. S-804), AS SHOWN ON ROAD PLAT BOOK 2, PAGES 217 THRU 220 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE RUN EASTERLY 250.00 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO A POINT; THENCE RUN SOUTHERLY WITH A BEARING OF SOUTH 01 ° 10'26" WEST, A DISTANCE OF 14.00 FEET TO THE POINT OF BEGINNING OF PARCEL ONE; THENCE CONTINUING WITH THE AFORESAID BEARING OF SOUTH 01 010'26" WEST, A DISTANCE OF 380.80 FEET TO A POINT; THENCE RUN WESTERLY ON A BEARING OF NORTH 88049'34" WEST, A DISTANCE OF 234.92 FEET TO A POINT 15.00 FEET EAST AND PARALLEL TO THE WEST LINE OF SAID BLOCKS 8 AND 25; THENCE RUN NORTHERLY ALONG A LINE 15.00 FEET EAST AND PARALLEL WITH THE SAID WEST LINE OF BLOCKS 8 AND 25 WITH A BEARING OF NORTH 01 ° 10'26" EAST, A DISTANCE OF 374.56 FEET TO A POINT; THENCE RUN EASTERLY WITH A BEARING OF NORTH 89°39'11" EAST, A DISTANCE OF 235.00 FEET ALONG A LINE 14 FEET SOUTH OF AND PARALLEL TO SAID SOUTHERLY RIGHT-OF-WAY LINE OF (STATE ROAD NO. S-804) TO THE POINT OF BEGINNING. SAID LANDS ALSO DESCRIBED AS FOLLOWS: UNIT NUMBERS 1 THROUGH 11, INCLUSIVE, PLAZA WEST OFFICE CONDOMINIUM PHASE I, A COMMERCIAL CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, RECORDED IN OFFICIAL RECORDS BOOK 5146, PAGE 269, AND ALL EXHIBITS AND AMENDMENTS THEREOF, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. That the Future Land Use of the above described land is amended from Office Commercial (OC) to: LOCAL RETAIL COMMERCIAL (LRC). Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Community Planning 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. C:\Users\Nievesq\Appdata\Local\Microsoft\Windows\Temporary Internet Fi1es\Content.Out1ook\U6KEIFJI\ALDI LUA - Ordinance (2nd Read).Doc 6f 59 7 7 7 73 74 75 76 77 78 79 80 8 82 83 84 85 86 87 88 89 90 91 92 93 94 FIRST READING this day of �d , 2017. SECOND, FINAL READING and PASSAGE this S-A day of ,Uc� d �-. , 2017. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Ju ' A. Pyle, C City Clerk (City Seal) YES NO Mayor - Steven B. Grant Vice Mayor - Justin Katz Commissioner - Mack McCray ✓ Commissioner - Christina L. Romelusy Commissioner - Joe Casello VOTE q, C:\Users\Nievesq\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\U6KEIFJI\ALDI LUA - Ordinance (2nd Read).Doc