LEGAL APPROVAL
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ORDINANCE NO. 05-(SI
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.
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 I WHEREAS, Boynton Venture I, LLC, owner of the property located on the SOLltheast
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
2 7 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
$'\C A\Ordinances\Planning\RezoningIRezoning - A.rches Addition.doc
1 i WHEREAS, the City Commission deems it in the best interests of the inhabitants of
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2 I said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
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3 ii NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section I.
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 In 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 ofthis Ordinance.
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Section 6. This ordinance shall become effective immediately upon passage.
FIRST READING this (jNI, day of _.S~""T E.;; ~ FIf., 2005.
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S:\CA \Ordinances\Planning\Rezoning\R.ezonmg v Arches Addition.doc
SECOI'.TI, FINAL READING and PASSAGE this ~ day of~, 2005.
CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
Ci6~r
Commissioner
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S"\CA'.ordinances\Pl<lnuing\Rezoning\Rezoning - Arches AdditlOn.doc
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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
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Exhibit A
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E-2N-D-AV
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150 Feet A
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ORDINANCE NO. 05- [ ",-0
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ORDINANCE
89-38 BY AMENDING THE FUTURE LAND USE
ELEMENT OF THE COMPREHENSIVE PLAN
FOR A PARCEL OWNED BY BOYNTON
VENTURE I, LLC, AND LOCATED ON THE
SOUTHEAST CORNER OF THE INTERSECTION
OF OCEAN AVENUE AND SOUTHEAST 4TH
STREET; CHANGING THE LAND USE
DESIGNATION FROM MIXED USE (MX) TO
MIXED USE CORE (MX-C); PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has
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adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
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Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local
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Government Comprehensive Planning Act; and
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WHEREAS, the procedure for amendment of a Future Land Use Element of a
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Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed;
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and
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WHEREAS, after two (2) public hearings the City Commission acting in its
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dual capacity as Local Planning Agency and City Commission finds that the
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amendment hereinafter set forth is consistent with the City's adopted Comprehensive
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Plan and deems it in the best interest of the inhabitants of said City to amend the
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aforesaid Element of the Comprehensive Plan as provided.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA. THAT:
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Section I: The foregoing WHEREAS clauses are true and correct and
S:\CA\Ordinouces\planning\Land Use\Arches Addition doc
1 incorporated herein by this reference.
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Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
3 following:
4 That the Future Land Use of the following described land located on the
5 Southeast comer of the intersection of Ocean Avenue and Southeast 4th Street in
6 Boynton Beach, Florida shall be changed from Mixed Use (MX) and shall now be
7 designated as Mixed Use Core (MX-C):
8 See legal description attached hereto.
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11 Subject to easements, restrictions, reservation and rights of way of record.
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14 Section 3: That any maps adopted in accordance with the Future Land Use Element
15 of the Future Land Use Plan shall be amended accordingly.
16 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
17 repealed.
18 Section 5: Should any section or provision of this Ordinance or any portion thereof
19 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
20 the remaindel of this Ordinance.
21 Section 6: This Ordinance shall take effect on adoption, subject to the review,
22 challenge, or appeal provisions provided by the Florida Local Government Comprehensi ve
23 Planning and Land Development Regulation Act. No party shall be vested of any right by
24 virtue of the adoption of this Ordinance until all statutory required review is complete and
25 . all legal challenges, including appeals, are exhausted. In the event that the effective date is
26 established by state law or special act, the provisions of state act shall control.
S:\CA\Ordinances\Planning\Land uae\Arches Addition.doc
FIRST READING this ?/f, day of ;~rP/ffvA'E~2005.
SECOND, FINAL READING and PASSAGE this ~ day of ~~
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2005.
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CITY OF BOYNTON BEACH, FLORIDA
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~SSiO er
. (,
Commissioner
ATTEST:
S:\CA\Ordinances\planning\L3.nd Use\Arches Addition.doc
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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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SE 2ND AVE
150
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8836
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Exhibit A
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150 Feet A