05-051
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ORDINANCE NO. 05-(SI
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AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF BOYNTON VENTURE I, LLC
AMENDING ORDINANCE 02-013 TO REZONE A
PARCEL OF LAND LOCATED ON THE
SOUTHEAST CORNER OF THE INTERSECTION
OF OCEAN AVENUE AND SOUTHEAST 4TH
STREET, AS MORE FULLY DESCRIBED HEREIN,
FROM CENTRAL BUSINESS DISTRICT (CBD) TO
MIXED USE HIGH INTENSITY (MU-H);
PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE.
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16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
17 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
18 WHEREAS, Boynton Venture I, LLC, o\vner of the property located on the Southeast
19 comer of the intersection of Ocean Avenue and Southeast 4th Street in Boynton Beach, Florida,
20 as more particularly described herein, has filed a Petition, through its agent Bonnie Miskel &
21 Kim Glas-Castro of Ruden McClosky, pursuant to Section 9 of Appendix A-Zoning, of the
22 Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of
23 land, said land being more particularly described hereinafter, from Central Business District
24 (CBD) to Mixed Use- High Intensity (MU-H); and
25 WHEREAS, the City Commission conducted a public hearing and heard testimony
26 and received evidence which the Commission finds supports a rezoning for the prop,erty
27 hereinafter described; and
28 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
29 an amendment to the Land Use which was contemporaneously considered and approved at the
30 public hearing heretofore referenced; and
S:ICAIOrdinances\Planning\RezoningIRezoning - Arches Addition.doc
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1 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
2 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing Whereas clauses are true and correct and incorporated
6 herein by this reference.
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Section 2.
The following described land, on the Southeast comer of the
8 intersection of Ocean Avenue and Southeast 4th Street in the City of Boynton Beach, Florida,
9 as set forth as follows:
10 See legal description attached hereto.
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13 be and the same is hereby rezoned from Central Business District (CBD) to Mixed Use - High
14 Intensity (MX-H). A location map is attached hereto as Exhibit "A" and made a part of this
15 Ordinance by reference.
16 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
17 accordingly.
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Section 4. All ordinances or parts of ordinances III conflict herewith are hereby
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repealed.
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Section 5. Should any section or provision of this Ordinance or any portion thereof be
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declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
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remainder of this Ordinance.
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Section 6. This ordinance shall become effective immediately upon passage.
FIRST READING this t~ day of _5~/JT E, I-} ~ ~,e , 2005.
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S:ICA IOrdinances\PlanninglRezoninglRezoning - Arches Addition.doc
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1 SECO~TI, FINAL READING and PASSAGE this ~ day of~, 2005.
CITY OF BOYNTON BEACH, FLORIDA
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S'\CA\OrdinancesIPhmning\Rezoning'.Rezoning - Arches AdditlOn.doc
LEGAL DESCRIPTION
THE ARCHES (ADDITIONAL LAND AREA)
PARCEL I:
THE WEST 10' OF LOT 6, LESS NORTH 8' AND THE EAST 13.05' OF THE NORTH 75.88' OF LOT 7,
LESS NORTH 8', BLOCK 7, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF
ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH
COUNTY, RECORDED IN PLAT BOOK 1, PAGE 23.
PARCEL II:
LOT 7, LESS EAST 13.50 FEET OF NORTH 75.88 FEET, AND LESS NORTH 8 FEET OF WEST 36.50
FEET THEREFROM, BLOCK 7, ORIGINAL TOWN OF BOYNTON, A SUBDIVISION OF THE CITY OF
BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK
OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, RECORDED IN PLAT BOOK 1, PAGE
23, TOGETHER WITH AN EASEMENT OF PURPOSES OF INGRESS AND EGRESS OVER THE
SOUTH 50 FEET OF THE WEST 10 FEET, LOT 6, BLOCK 7, ORIGINAL TOWN OF BOYNTON.
PARCEL III:
NORTH 40 FEET OF LOT 8 AND THE NORTH 40 FEET OF THE WEST 26 FEET OF LOT 9, BLOCK 7,
ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF
THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA IN PLAT
BOOK 1, PAGE 23.
PARCEL IV:
THE NORTH 40 FEET OF LOT 10 AND THE NORTH 40 FEET OF THE EAST 24 FEET OF LOT 9,
BLOCK 7 OF THE ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE
IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,
FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23.
PARCEL V:
THE EAST 40 FEET OF LOT 6, LESS NORTH 8', BLOCK 7, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH:
THE SOUTH 50 FEET OF THE NORTH 90 FEET OF LOTS 8, 9 AND 10, BLOCK 7, TOWN OF
BOYNTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 23 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA
SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA,
CONTAINING A COMPUTED NET AREA OF 25,344 SQUARE FEET (0.58 ACRE), MORE OR LESS.
WPB:205259:1
LOCATION MAP
Arches Addition
LUAR 05-008
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Exhibit A
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150 Feet A