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24-014 1 ORDINANCE NO. 24-014 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 BY 5 AMENDING THE FUTURE LAND USE MAP OF THE CITY OF BOYNTON 6 BEACH, FLORIDA, FOR A PORTION OF AN APPROXIMATELY .60 ACRE 7 PARCEL OF REAL PROPERTY LOCATED AT 500 NORTHEAST 21ST 8 AVENUE, BOYNTON BEACH, FLORIDA, BY CHANGING THE FUTURE 9 LAND USE CLASSIFICATION FROM MEDIUM DENSITY RESIDENTIAL 10 (MEDR) TO LOCAL RETAIL COMMERCIAL (LRC); DECLARING THE 11 PROPOSED AMENDMENT TO THE FUTURE LAND USE MAP TO BE 12 CONSISTENT WITH ALL OTHER ELEMENTS OF THE COMPREHENSIVE 13 PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND 14 PROVIDING FOR AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted a 17 Comprehensive Future Land Use Plan inclusive of a Future Land Use Element pursuant to 18 Ordinance No.89-38 and in accordance with the Local Government Comprehensive Planning Act; 19 and 20 WHEREAS, Veterans of Foreign Wars, Inc. Boynton Lantana Post 5335, has requested an 21 amendment to the Future Land Use Map classification of a parcel of land located at 500 Northeast 22 21st Avenue, Boynton Beach, FL, more particularly described in Exhibit "A," from Medium Density 23 Residential (MEDR) to Local Retail Commercial (LRC); and, 24 WHEREAS, the permitted uses within the Future Land Use Map category are compatible 25 with the surrounding and existing land uses; and, 26 WHEREAS, the property owner has also applied to rezone the property from the Multi- 27 Family Residential (R3) to Neighborhood Commercial (C2); and, 7.29.24(SRW) Page 1 of 7 CODING: Words in:;t k g:type are deletions from existing law; Words in underlined type are additions. 28 WHEREAS, the procedure for amendment of a Future Land Use Element of a 29 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 30 WHEREAS, after public hearings, the City Commission, acting in its dual capacity as the 31 Local Planning Agency and City Commission finds that the Future Land Use Map amendment is 32 consistent with the City's Comprehensive Plan and provisions of Chapter 163, Part II, Florida 33 Statutes; and, 34 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 35 requirements of Section 166.041, Florida Statutes, and the City's Land Development Regulations; 36 and 37 WHEREAS, after careful review of the application, staff has determined that the proposed 38 amendment complies with the City's Comprehensive Plan and consistent with Section 163.3184, 39 Florida Statutes; and 40 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 41 which contains data and analysis supporting the Future Land Use Map amendment; and 42 WHEREAS, the City Commission finds that the proposed Future Land Use Map 43 amendment is consistent with the City's Comprehensive Plan and Land Development Regulations, 44 and finds it in the best interest of the public to amend the Future Land Use Element of the 45 Comprehensive Plan as hereinafter provided. 7.29.24(SRW) Page 2 of 7 CODING: Words in strike-threugh type are deletions from existing law: Words in underlined type are additions. 46 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 47 BOYNTON BEACH, FLORIDA: 48 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and 49 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 50 Section 2: Decision. Ordinance No. 89-38 of the City is hereby amended to 51 reflect the following: The City's Future Land Use Map is hereby amended from Medium Density 52 Residential (MEDR) to Local Retail Commercial (LRC) for a ± .60-acre parcel generally located at 53 500 Northeast 21st Avenue, Boynton Beach, FL, as depicted in Exhibit "B." 54 Section 3: Amendment to Future Land Use Map. The Director of Planning and 55 Zoning is further authorized to make the necessary changes as required to the Future Land Use 56 Map to reflect the above stated change. 57 Section 4: Authorization to Transmit. The City Manager or designee is hereby 58 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 59 provisions of the Community Planning Act, if required. 60 Section 5: Severability. The provisions of this Ordinance are declared to be 61 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 62 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 63 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 64 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 7.29.24(SRW) Page 3 of 7 CODING: Words in stfike-through type are deletions from existing law: Words in underlined type are additions. 65 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 66 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 67 Section 7: Effective Date. This Ordinance shall take effect immediately upon 68 adoption. 69 70 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 7.29.24(SRW) Page 4 of 7 CODING: Words in stFilie4hcough type are deletions from existing law; Words in underlined type are additions. 71 FIRST READING this le day of iA , 2024. 72 SECOND, FINAL READING AND PASSAGE this cti441day of -6111,164— , 2024. 73 CITY OF BOYNTON BEACH, FLORIDA 74 YES NO 75 76 Mayor—Ty Penserga 14S-telf- 77 78 Vice Mayor— Aimee Kelley 79 80 Commissioner—Woodrow L. Hay 81 82 Commissioner—Angela Cruz 83 84 Commissioner—Thomas Turkin 85 86 VOTE —/ 87 A TEST. (..") 88 89 0/— jaa-LL // 90 Ma lee De es; • MMCT Penser•a YY 91 City Clerk • Mayor 92 93 APPROVED AS TO FORM: 94 (Corporate Seal) .,,,,,, B ,, 95 ' ��0 TE. .y J. Apainb C h�T// 96 'OSP •. 1 0�,L 97 e ° P��� ��$ Shawna G. Lamb i :� Q 98 ;Ili; �G�Q��� Z City Attorney 7.29.24(SRW) Page 5 of 7 CODING: Words in st k :type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description Address: 500 Northeast 21st Avenue, Boynton Beach, FL PCN: 08-43-45-15-03-000-0303 Legal Description: The East 184' of the West 483' of Lot 30, Sam Brown Jrs. Hypoluxo Subdivision, Boynton Beach, Palm Beach County, Florida, according to the Plat thereof, as recorded in Plat Book 1, Page 81, of the Public Records of Palm Beach County, Florida. 7.29.24(SRW) Page 6 of 7 CODING: Words in stFike-thfeugh type are deletions from existing law; Words in underlined type are additions. Exhibit B Future Land Use Ex. B: Proposed Future Land Use BOYNTON VFW Boynton-Lantana-500 NE 21st Ave " ` A < H E Gateway Blvd 21st. E Ridge it N tO MI MEDIUM DENSITY RESIDENTIAL(MEDR);11 D U.IAcr ( �� CEO 90 "o LOCAL RETAIL COMMERCIAL(LRC) Si 7 Feel 7.29.24(SRW) Page 7 of 7 CODING: Words in s>rce-thretgh type are deletions from existing law; Words in underlined type are additions.