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19-0143( 3' 3, 3: 31 3' 31 3' 31 3'. 41 4: ORDINANCE NO. 19- 014 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 HARBOR CAY TOWNHOMES AND DESCRIBED HEREIN, OWNED BY UNITED DEVELOPERS GROUP, LLC., CHANGING THE LAND USE DESIGNATION FROM SPECIAL HIGH DENSITY RESIDENTIAL (SHDR) TO: MIXED USE LOW (MXL); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land Use Element pursuant 0 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 that the Future Land Use of the following described land: A parcel of land in section 15, township 45 south, range 43 east, City of Boynton Beach, Florida, and being a part of lots 2 and 3 off Sam Brown Jr's Hypoluxo Subdivision, according to the plat thereof, as recorded in plat book 1, page 81, public records of Palm Beach County, Florida, and being more particularly described as follows: BEGIN at the intersection of the north line of said lot two with the easterly right of way line State Road No. 5 (US #1) as said right of way is shown on the plat recorded in road plat book 3, pages 11-17 of Palm Beach County, Florida, and also shown on Florida State Road Department right-of-way map section 93010-2501, sheet 3 of 7; thence S08° 12'00"W, along said east right-of-way line for 258.54 feet to a point on the south line of said lot 3; thence S89°13'55"E, along the south line of said lot 3 for 273.65 feet; thence N00° 14'05"E for 127.30 feet; thence N89°45'55"W for 30.28 feet; thence N04°23'20"E for 5.35 feet to a found iron pipe also being on the common lot line of said lots 2 and 3; thence continue N04°23'20"E for 124.27 feet to a point on the north line of said lot 2; thence N89° 13'55"W, SACA\Ordinances\Planning\Land Use\Harbor Cay LUA - Ordinance.Docx 4. 4. 4, 4' 41 4' 41 4 51 5: 5: 5: 5, 5! 51 5' 51 5 61 6: 6: 6: 61 61, 61 6' 6 6 71 7. 7: 7. 7. 7: 7 7' 7 along said north line of lot 2 for 216.93 feet to the POINT OF BEGINNING. Said lands situate in the City of Boynton Beach, Palm Beach County, Florida and containing 62,243 square feet (1.43 acres) more or less. is amended from Special High Density Residential (SHDR) to: MIXED USE LOW (MXL). Section 3: 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. FIRST READING this 14 'A% day of t c, 12019. SECOND, FINAL READING and PASSAGE this day of , 2019. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor – Steven B. Grant —V– Vice Mayor – Justin Katz V - Commissioner – Mack McCray Commissioner – Christina L. Romelus Commissioner – Ty Penserga _V VOTE '" ATTEST: Judit. Pyle, CMC =``�. NTo City trk •• ••• . ' (Corporate Seal) �+ 1920 PLOW,) SACA\Ordinances\Planning\Land UsMarbor Cay'LUA.-. Ordimrice.Docx