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04-0462 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE NO. 04-04 {~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF KLATT FAMILY LIMITED PARTNERSHIP, AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM R-l-AA SINGLE- FAMILY RESIDENITAL TO SUBURBAN MIXED USE (SMU); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Klatt Family Limited partnership, owner of the property more particularly described hereinafter, and known as Boynton Village, has heretofore filed a Petition, through its agent, Ruden, McClosky, et al. pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a tract of land consisting of approximately 82.076 acres, said land being more particularly described hereinafter, from R-l-AA Single- Family Residential to Suburban Mixed Use (SMU); and WHEREAS, the City Commission conducted a public heating and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is S:\CA~Ordinances~Planning',Rezoning\Rezoning - Boynton Village doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 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. The following described land, located in the City of Boynton Beach, Florida as set forth as follows: SEE EXHIBIT "B" Containing 82.076 acres, more or less. Subject to easements, restrictions, reservation and rights of way of record. Said lands situate, lying and being in Palm Beach County, Florida. be and the same is hereby rezoned from R-l-AA Single-Family Residential to Suburban Mixed Use (SMU). A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 4: hereby repealed. Section 6: All ordinances or parts of ordinances in conflict herewith are Should any section or provision of this Ordinance or any portion S:\CA\OrdinancesXPlanning\Rezoning~Rezoning - Boynton Village.doc 1 2 3 4 5 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this ~o dayof ~Jtxl1 ,2004. SECOND, FiNAL READiNG and PASSAGE this I ~ day of ~'~-~r~?~r,/, 2005. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST: 2 7 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA ConmiSsi°ne~ ~ . S:\CA\Ordinances\PlanningLRezoning\Rezoning- Boynton Village.doc LEGAL DESCRIPTION A parcel of land being a portion of Lots 69 through 78, Lots 84 through 93, the abandoned road rights-of-way adjacent to said lots, Lake Bessie and the unnumbered lands adjacent to said Lake Bessie as shown on the plat of "PALM BEACH-MIAMI LAND AND DEVELOPMENT COMPANY SUBDIVISION OF SECTION 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST as recorded in Plat Book 7, Page 20 of the Public Records of Palm Beach County, Florida, said parcel being more particularly described as follows: COMMENCE at the Southwest comer of the Southwest One-Quarter (I/4) of said Section 20, Township 45 South, Range 43 East; THENCE on a grid bearing of N01%%d22'46"W along the West line of said Southwest One-Quarter (1/4) of Section 20 a distance of 1222.48 feet to the centerline of Old Boynton Road; THENCE N89°48'57"E along said centerline of Old Boynton Road a distance of 1990.49 feet to the Southerly extension of the West right-of-way line of the Lake Worth Drainage District E-4 Canal; THENCE N00°41'03"W along said Southerly extension a distance of 50.00 feet to a point on a line 50.00 feet North of and parallel with said centerline of Old Boynton Road, said poim being the POiNT OF BEGINNiNG; THENCE S89°48'57"W along said parallel line a distance of 826.94 feet; THENCE N00°I 1'03"W a distance of 89.52 feet to a point of curvature of a tangent curve concave to the West; THENCE Northerly along the arc of said curve to the left having a central angle of 19003'47'' and a radius of 556.50 feet for an arc distance of 185.15 feet to a point of reverse curvature of a tangent curve concave to the East; THENCE Northerly along the arc of said curve to the right having a central angle of 23°57'48'' and a radius of 682.00 feet for an arc distance of 285.24 feet to a point of reverse curvature of a tangent curve concave to the West; THENCE Northerly along the arc of said curve to the left having a central angle of 06°06'43" and a radius of 556.50 feet for an arc distance of 59.36 feet to a point of tangency; THENCE N01 °23'44"W a distance of 74.24 feet to a point of curvature of a tangem curve concave to the West; THENCE Northerly and Northeasterly along the arc of said curve to the left having a central angle of 23°43'48" and a radius of 556.50 feet for an arc distance of 230.48 feet to of reverse curvature of a tangent curve concave to the Northeast; THENCE Northwesterly along the arc of said curve to the right having a central angle of 04°25'16'' and a radius of 1542.00 feet for an arc distance of 118.99 feet to a point on a non-tangent line; THENCE S88°37'14"W a distance of 962.36 feet to a point on the East right-of-way line of Congress Avenue, said line also being 60.00 feet East of and parallel with said West line of the Southwest One-Quarter (1/4) of Section 20; THENCE N01%%d22'46"W along said right-of-way line and parallel line a distance of 371.75 feet to a point on line 60.00 feet East of and parallel with the West line of the Northwest One-Quarter (1/4) of said Section 20; THENCE N01°2Y03"W continuing along said right-of-way line and said parallel line a distance of 1222.05 feet to a point on line 210.00 South of and parallel with the South line of the plat of RENAISSANCE COMMONS, A P.U.D. as recorded in Plat Book 102, Pages 57-62 of the Public Records of Palm Beach County, Florida, said line also being the South right-of-way line of the Boynton Canal (Canal C-16); THENCE N87°45'57"E along said parallel line and said right-of-way line a distance of 1485.39 feet to a point on the West right-of-way line of said Lake Worth Drainage District E-4 Canal; THENCE S06%%d28'18"E along said West right-of-way line a distance of 760.86 feet; THENCE S30%%d46'0Y'E continuing along said West right-of-way line a distance of 800.00 feet; THENCE S00%%d41'0Y'E continuing along said West right-of-way line a distance of 1200.00 feet to the POiNT OF BEGINNiNG; Said parcel of land situate within the City of Boynton Beach, Palm Beach County, Florida, containing 82.076 Acres -4-. 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