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20-013 ORDINANCE NO. 20-013 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 MIRAFLOR APARTMENTS AND DESCRIBED HEREIN, OWNED BY SEACREST : PROPERTIES,LLC., CHANGING THE LAND USE DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO: HIGH 1 i DENSITY RESIDENTIAL (HDR); PROVIDING FOR CONFLICTS, 11 SEVERABILITY,AND AN EFFECTIVE DATE. 1i 1 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 1 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land 1: Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 1 Comprehensive Planning Act; and 1 WHEREAS, the procedure for amendment of a Future Land Use Element of a 1: Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 1: WHEREAS, after two (2) public hearings the City Commission acting in its dual 21 capacity as Local Planning Agency and City Commission finds that the amendment 20 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 2 in the best interest of the inhabitants of said City to amend the Future Land Use Element 21 (designation) of the Comprehensive Plan as hereinafter provided. 2' NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 2CITY OF BOYNTON BEACH,FLORIDA,THAT: 2I Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 2 1 herein by this reference. 2 i Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 2 Future Land Use of the following described land: 3M 3 iI SITUATED IN THE COUNTY OF PALM BEACH AND STATE OF FLORIDA,AND 30 KNOWN AS BEING A PART OF THE REPLAT OF PART OF LINCOLN OF 3 LINCOLN MEMORIAL GARDENS AS RECORDED IN PLAT BOOK 25,PAGE 225, 3 AND FURTHER DESCRIBED AS FOLLOWS: 3: 31 BEGINNING AT A CAPPED PIN FOUND IN SOUTHEAST CORNER OF A PARCEL 3 G OF LAND AS CONVEYED TO PALM BEACH COUNTY CEMETERY 3: CORPORATION IN VOLUME 4784,PAGE 360, SAID POINT ALSO BEING ON THE S:\CA\Ordinances\Planning\Land Use\Miraflor Apartments LUA-Ordinance.Docx 3 a WEST RIGHT OF WAY LINE OF SEACREST BOULEVARD,A VARIABLE WIDTH 4 ] PUBLIC RIGHT OF WAY; 41 4 2 THENCE,NORTH 87 DEG. 30'46" WEST,857.45 FEET TO A POINT; 4 3, THENCE,NORTH 01 DEG. 01'59" EAST, 196.13 FEET TO A POINT; 4 4 THENCE, SOUTH 87 DEG. 30'46" EAST, 176.44 FEET TO A POINT; 4 5 THENCE,NORTH 01 DEG. 01'59" EAST, 19.03 FEET TO A POINT; 4 5 THENCE, SOUTH 87 DEG. 30'46"EAST, 148.72 FEET TO A POINT; 4 7' THENCE,NORTH 01 DEG. 01'59" EAST, 12.00 FEET TO A POINT; 4 3 THENCE, SOUTH 87 DEG. 30'46" EAST, 326.39 FEET TO A POINT; 4 THENCE, SOUTH 01 DEG. 01'59" WEST,2.74 FEET TO A POINT; 5 THENCE, SOUTH 87 DEG. 30'46" EAST,33.81 FEET TO A POINT; 51 THENCE, SOUTH 01 DEG. 01'59" WEST, 156.13 FEET TO A POINT; 5 2 THENCE, SOUTH 87 DEG. 30'46" EAST, 81.83 FEET TO A POINT; 5 3 THENCE,NORTH 02 DEG. 29'14" EAST,93.00 FEET TO A POINT; 5 4 THENCE, SOUTH 87 DEG. 30'46 EAST, 92.00 FEET TO A POINT ON THE WEST 5 3 RIGHT OF WAY LINE OF SAID SEACREST BOULEVARD, SOUTH 02 DEG. 29' 14" 5 6 WEST, 161.27 FEET TO THE POINT OF BEGINNING AND CONTAINING 3.87 5 7 ACRES(168,650 SQ.FT.)OF LAND. 53 59 6 is amended from Medium Density Residential (MDR)to: High Density Residential (HDR). 6 I Section 3: This Ordinance shall take effect on adoption, subject to the review,challenge, 6 A 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 6 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 6• including appeals, are exhausted. In the event that the effective date is established by state law 6. or special act,the provisions of state act shall control. 6 FIRST READING this j 9 day of , 2020. 6: S:\CA\Ordinances\Planning\Land Use\Miraflor Apartments LUA-Ordinance.Docx 6 a SECOND,FINAL READING and PASSAGE this a day of 5 e , 2020. 7 ) CITY OF BOYNTON BEACH, FLORIDA 71 YES NO 72 73 7 4 Mayor-Steven B. Grant ✓ 75 7 5 Vice Mayor-Ty Penserga 77 7 3 Commissioner-Justin Katz 7 8 ) Commissioner-Woodrow L. Hay 81 8 2 Commissioner-Christina L. Romelus 83 8 4 VOTE .57-0 8 5 ATTEST: 85 87 /l d 83 / 8 C tal Gibson, MIVI.V1"44>z--- 9 2 City Clerk 91 9 2 9 3 (Corporate Seal) „_.9,4•CIT ' ka •- o• Z gJ !t r r av • S:\CA\OrdinancesTlanning\Land Use\Miraflor Apartments LUA-Ordinance Does