05-009
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1 ORDINANCE NO. 05- 00'1
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE
5 89-38 BY AMENDING THE FUTURE LAND USE
6 ELEMENT OF THE COMPREHENSIVE PLAN
7 FOR A PARCEL OWNED BY PARAMOUNT
8 INVESTMENT GROUP AND GEORGE
9 KECHRIOTIS, AND LOCATED ON THE
10 NORTHWEST CORNER OF HIGH RIDGE ROAD
11 AND MINER ROAD; CHANGING THE LAND
12 USE DESIGNATION FROM MEDIUM DENSITY
13 RESIDENTIAL AND LOW DENSITY
14 RESIDENTIAL (PALM BEACH COUNTY) TO
15 MEDIUM DENSITY RESIDENTIAL (MDR);
16 PROVIDING FOR CONFLICTS, SEVERABILITY,
1 7 AND AN EFFECTIVE DATE.
18
19 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has
2 0 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
21 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local
22 Government Comprehensive Planning Act; and
23 WHEREAS, the procedure for amendment of a Future Land Use Element of a
24 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed;
2 5 and
26 WHEREAS, after two (2) public hearings the City Commission acting in its
27 dual capacity as Local Planning Agency and City Commission finds that the
28 amendment hereinafter set forth is consistent with the City's adopted Comprehensive
29 Plan and deems it in the best interest of the inhabitants of said City to amend the
3 0 aforesaid Element of the Comprehensive Plan as provided.
31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1: The foregoing WHEREAS clauses are true and correct and
2 incorporated herein by this reference.
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Section 2:
Ordinance No. 89-38 ofthe City is hereby amended to reflect the
4 following:
5 That the Future Land Use of the following described land located on the
6 Northwest corner of High Ridge Road and Miner Road in Boynton Beach, Florida shall
7 be changed ITom Medium Density Residential and Low Density Residential (Palm
8 Beach County) and shall now be designated as Medium Density Residential (MDR):
9 See Legal Description attached
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12 Subject to easements, restrictions, reservation and rights of way of record.
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15 Section 3: That any maps adopted in accordance with the Future Land Use Element
16 of the Future Land Use Plan shall be amended accordingly.
1 7 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
18 repealed.
19 Section 5: Should any section or provision ofthis Ordinance or any portion thereof
2 0 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
21 the remainder of this Ordinance.
22 Section 6: This Ordinance shall take effect on adoption, subject to the review,
23 challenge, or appeal provisions provided by the Florida Local Government Comprehensive
24 Planning and Land Development Regulation Act. No party shall be vested of any right by
25 virtue ofthe adoption ofthis Ordinance until all statutory required review is complete and
26 all legal challenges, including appeals, are exhausted. In the event that the effective date is
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LINE 60.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SECTION 8; THENCE
NORTH 89°16'21" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 17.41 FEET TO THE
POINT OF BEGINNING.
CONTAINING 151.3 SQUARE FEET, MORE OR LESS.
PARCEL 2
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88°30'45" WEST, ALONG THE
SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 386.32 FEET TO THE SOUTHWEST CORNER
OF GOVERNMENT LOT 7 OF SAID SECTION 8; THENCE NORTH 02°53'24" EAST ALONG THE
WEST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 60.18 FEET TO A POINT ON A
LINE LYING 60.00 FEET NORTH OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL
WITH THE SOUTH LINE OF SAID SECTION 8 AND THE POINT OF BEGINNING; THENCE
SOUTH 88°30'45" WEST, ALONG THE SAID PARALLEL LINE, A DISTANCE OF 115.50 FEET TO
A POINT; THENCE NORTH 01 °34'02" EAST, A DISTANCE OF 1259.39 FEET TO THE
SOUTHWEST CORNER OF LOT 36, ACCORDING TO THE PLAT OF HIGH RIDGE SUBDIVISION,
AS RECORDED IN PLAT BOOK 22, PAGE 6, IN AND FOR THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE NORTH 88°38'08" EAST, ALONG THE SOUTH LINE OF
SAID LOT 36, A DISTANCE OF 144.63 FEET TO THE NORTHWEST CORNER OF THE SOUTH
ONE-HALF (S Yz) OF SAID GOVERNMENT LOT 7; THENCE SOUTH 02°53'24" WEST, ALONG
THE WEST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 1260.96 FEET TO THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
SAID PARCEL CONTAINING 3.7549 ACRES, MORE OR LESS.
CONTAINING: 607,577 SQUARE FEET (13.948 ACRES), MORE OR LESS.
TOGETHER WITH
LOTS 33 THROUGH 36, "PLAT OF HIGH RIDGE SUBDIVISION", ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 6, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
CONTAINING: 195,721 SQUARE FEET (4.493 ACRES), MORE OR LESS.
TOTAL CONTAINING: 803,298 SQUARE FEET (18.441 ACRES), MORE OR LESS.
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established by state law or special act, the provisions of state act shall control.
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FIRST READING this ~ day of rehru.o,.rj ,2005.
SECOND, FINAL READING and PASSAGE this ~ day of ~,
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2005.
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21 ATTEST:
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CITY OF BOYNTON BEACH, FLORIDA
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CommissIOner
Commissioner
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