03-031 ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING PROPERTY
LOCATED AT THE NORTHWEST CORNER OF
FEDERAL HIGHWAY AND WOOLBRIGHT ROAD
(1415 SOUTH FEDERAL HIGHWAY); AMENDING
ORDINANCE 89-38 BY AMENDING THE FUTURE
LAND USE ELEMENT OF THE COMPREHENSIVE
PLAN OF THE CITY FOR THE PROPERTY MORE
PARTICULARLY DESCRIBED HEREINAFTER; THE
LAND USE DESIGNATION IS BEING CHANGED
FROM LOCAL RETAIL COMMERCIAL (LRC) TO
MIXED USE (MX); PROVDING 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 by Ordinance No. 89-38 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 public hearing and study, the City Commission deems it in the
best interest of the inhabitants of said City to amend the aforesaid Element of the
Comprehensive Plan as adopted by the City herein.
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:
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That the Future Land Use of the following described land shall be designated as
Mixed Use (MX), for Mixed Use development (residential, retail, and office). Said land
is more particularly described as follows:
PARCEL CONTROL NUMBERS
08-43-45-28-00-000-5090 08-43-45-28-00-000-5100 08-43-45-28-01-000-0060
08-43-45-28-01-000-0121 08-43-45-28-01-000-0130 08-43-45-28-01-000-0140
08-43-45-28-01-000-0150 08-43-45-28-01-000-0160 08-43-45-28-01-000-0170
08-43-45-28-01-000-0190 08-43-45-28-01-000-0200 08-43-45-28-01-000-0240
08-43-45-28-01-000-0260 08-43-45-28-01-000-0270 08-43-45-28-01-000-0290
PARCEL 1:
A TRACT OF LAND IN SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO-WIT: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID
SECTION 28 (BEING ON WOOLBRIGHT ROAD) SAID POINT BEING 229.50 FEET
WESTERLY FROM, MEASURED ALONG THE SOUTH LINE OF SAID SECTION
28, THE WESTERLY LINE OF U.S. HIGHWAY NO. 1, THENCE NORTHERLY AT
AN ANGLE WITH THE PRECEDING COURSE OF 89°43'30", MEASURED FROM
EAST TO NORTH, A DISTANCE OF 165.0 FEET; THENCE EASTERLY PARALLEL
TO THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 41.03 FEET;
THENCE NORTHERLY AT AN ANGLE WITH THE PRECEDING COURSE OF
90°16'50", MEASURED FROM WEST TO NORTH, A DISTANCE OF 221.13 FEET;
THENCE WESTERLY PARALLEL TO THE SOUTH LINE OF CENTRAL PARK, A
SUBDWISION OF BOYNTON BEACH, PLAT OF WHICH IS RECORDED IN PLAT
BOOK 12, PAGE 12, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A
DISTANCE OF 100 FEET; THENCE NORTHERLY AT AN ANGLE WITH THE
PRECEDING COURSE 89°55'30'', MEASURED FROM EAST TO NORTH, A
DISTANCE OF 264.0 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID
CENTRAL PARK, THENCE WESTERLY ALONG THE SOUTH LINE OF SAID
CENTRAL PARK, A DISTANCE OF 490.26 FEET; MORE OR LESS, TO THE
EASTERLY RIGHT OF WAY OF THE FLORIDA EAST COAST RAILWAY RIGHT
OF WAY; THENCE SOUTHERLY ALONG THE EASTERLY RIGHT OF WAY LINE
OF THE FLORIDA EAST COAST RAILWAY, A DISTANCE OF 660.80 FEET,
MORE OR LESS, TO THE SOUTH LINE OF SAID SECTION 28; THENCE
EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF
643.40 FEET; MORE OR LESS, TO THE POINT OF BEGINNING, LESS THE RIGHT
OF WAY FOR WOOLBRIGHT ROAD AS SHOWN IN ROAD PLAT BOOK 5, PAGE
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121, PUBLIC RECORDS OF PALM EEACH COUNTY, FLORIDA.
PARCEL 2:
THE WEST 100 FEET OF THE SOUTH 68 FEET OF THAT CERTAIN TRACT OF
LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF THE
COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY) ON THE NORTH LINE OF
THE SOUTH OF THE SOUTHEAST OF THE SOUTHEAST OF SECTION 28,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA,
THENCE WEST 311.5 FEET TO A STAKE; THENCE SOUTH 264 FEET TO A
STAKE; THENCE EAST 328.5 FEET TO THE CENTER OF THE COUNTRY ROCK
ROAD (NOW FEDERAL HIGHWAY) THENCE NORTH ALONG CENTER OF THE
COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY) TO THE POINT OF
BEGINNING.
PARCEL 3:
A PARCEL OF LAND IN THE SOUTHEAST OF SECTION 28, TOWNSHIP 45
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
INTERSECTION OF THE SOUTH LINE OF SAID SECTION 28, AND WESTERLY
RIGHT OF WAY OF U.S. HIGHWAY NO. 1 AS LAID OUT AND IN USE; THENCE
NORTHERLY ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF
165.05 FEET TO A CONCRETE MONUMENT MARKING THE SOUTHEAST
CORNER OF THE TRACT OF LAND TO BE HEREIN CONVEYED, THENCE
CONTINUING ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF
289.81 FEET MORE OR LESS TO A POINT WHICH IS 196 FEET SOUTH OF,
MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF CENTRAL PARK, A
SUBDIVISION RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, THENCE WESTERLY AND PARALLEL
WITH THE SAID SOUTH LINE OF CENTRAL PARK, A DISTANCE OF 196.74
FEET; THENCE SOUTHERLY AT AN ANGLE OF 90004'30'' MEASURED FROM
EAST TO SOUTH, A DISTANCE OF 289.13 FEET MORE OR LESS, TO A POINT
WHICH IS 165 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 28;
THENCE EASTERLY AND PARALLEL WITH SAID SOUTH LINE OF SECTION 28,
A DISTANCE OF 191.47 FEET, MORE OR LESS, TO THE POINT OF BEGINNING,
LESS THE RIGHT OF WAY FOR U.S. HIGHWAY NO. 1 AS SHOWN IN ROAD
PLAT BOOK 3, PAGE 11, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
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PARCEL 4:
COMMENCING AT THE CENTER OF COUNTRY ROCK ROAD (NOW FEDERAL
HIGHWAY) ON THE NORTH LINE OF THE SOUTH OF THE SOUTHEAST OF
THE SOUTHEAST OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA, WHICH POINT IS 347 FEET WEST OF THE
EAST LINE OF SAID SECTION 28; THENCE WEST 331.5 FEET TO A STAKE;
THENCE SOUTH 264 FEET TO A STAKE; THENCE EAST 328.5 FEET TO THE
CENTER OF COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY); THENCE
NORTH ALONG CENTER OF THE COUNTRY ROCK ROAD (NOW FEDERAL
HIGHWAY) TO THE POINT OF BEGINNING, LESS THE SOUTH 68 FEET
THEREOF, LESS THE RIGHY OF WAY FOR FEDERAL HIGHWAY AS SHOWN IN
ROAD PLAT BOOK 3, PAGE 11, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
PARCEL 5:
COMMENCING AT THE DIXIE HIGHWAY AT THE CROSSING OF THE SOUTH
SECTION LINE OF SECTION 28; AND RUNNING NORTH ALONG THE
COUNTRY ROAD 165 FEET; WEST 265.5 FEET; THENCE SOUTH 165 FEET;
THENCE EAST 262.5 FEET TO THE POINT OF BEGINNING (LESS SOUTH 30
FEET THEREOF AS CONVEYED IN DEED RECORDED IN DEED BOOK 1037,
PAGE 673) ALL BEING IN SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA, LESS AND NOT INCLUDING:
THE RIGHT OF WAY FOR STATE ROAD 5 (U.S. HIGHWAY NO. 1) AS SHOWN IN
ROAD PLAT 3, PAGE 11, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, AND THE RIGHT OF WAY FOR WOOLBRIGHT ROAD (S.E. 15TH
AVENUE) AS SHOWN IN ROAD PLAT BOOK 5, PAGE 121, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
PARCEL 6:
LOT 6, LESS EXISTING RIGHT OF WAY FOR U.S. HIGHWAY NO. 1, AND THE
EAST 50 FEET OF LOT 13, CENTRAL PARK, ACCORDING TO THE MAP OR
PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
PARCEL 7:
LOT 12, LESS THE EAST 50 FEET THEREOF AND LOT 13, LESS THE EAST 50
FEET THEREOF OF CENTRAL PARK, AN ADDITION TO THE TOWN OF
BOYNTON BEACH, FLORIDA, ACCORDING TO THE MAP OR PLAT THEREOF
AS RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
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LESS AND EXCEPT THE FOLLOWING:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 12, RUNNING
EAST ON THE NORTH LINE OF LOT 12, 105 FEET TO A POINT; THENCE
RUNNING SOUTH AT RIGHT ANGLES 5 FEET THENCE RUNNING WESTERLY
PARALLEL TO THE NORTH LINE OF SAID LOT 12 TO THE WEST LINE OF LOT
12, NORTHERLY ON THE WEST LINE OF LOT 12, TO THE POINT OF
BEGINNING.
PARCEL 8:
LOTS 14 THROUGH 29, INCLUSIVE, CENTRAL PARK, ACCORDING TO THE
MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THE
APPARENTLY ABANDONED ROAD RIGHT OF WAY FOR S.E. 2ND STREET
LYING WEST OF AND ADJACENT TO LOTS 20 THROUGH 23, INCLUSIVE, OF
SAID PLAT OF CENTRAL PARK.
Section 2: That any maps adopted in accordance with the Future Land Use Element
shall be amended accordingly.
Section 3: All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 4: 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 5: 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 fight 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 3 day of ,,,J~. ,2003.
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SECOND, FINAL READING and PASSAGE this /7 dayof T61.~ ~..,2003.
CITY OF BOYNTON BEACh] F~~/ .
Commissioner
i ATTEST:
city clerk ,-,(.~e/o,,3-r/ri
(Corporate Seal)
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