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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: S ~ \CA\Ordinances\Planning\Land Use~Beachside Land Use.doc 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 S:\CA~Ordinances\Planning\Land Use\Beachside Land Use.doc 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. S:\CA\Ordinances\Planning\Land Use\Beachside Land Use.doc 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. S:\CA\Ordinances\Planning\Land Use\Beachside Land Use.doc 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. S:\CA\Ordinances\Planning\Land Use\Beachside Land Use.doc 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) S:\CA\Ordinances\Planning\Land Use\Beachside Land Use.doc