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ORDINANCE NO. 04- 0/~,4~..
AN ORDINANCE OF THE CITY OF
BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF
COMPSON ASSOCIATES OF BOYNTON II,
LLC, AMENDING ORDINANCE 02-013 OF
SAID CITY BY REZONING A PARCEL OF
LAND MORE PARTICULARLY
DESCRIBED HEREIN, FROM PID
PLANNED INDUSTRIAL DEVELOPMENT
AND C-3 COMMUNITY COMMERCIAL TO
SMU (SUBURBAN MIXED USE);
PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
~dopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said
Zity; and
WHEREAS, Compson Associates of Boynton 1I, LLC, owners of the
?roperty more particularly described hereinafter, has heretofore filed a Petition,
;hrough their agent, Ruden McClosky/Kim Glas-Castro, pursuant to Section 9 of
~ppendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for
:he purpose of rezoning a tract of land consisting of approximately + 86.98 acres,
said land being more particularly described hereinafter, from PID (Planned Industrial
Development) and C-3 (Community Commercial) to SMU (Suburban Mixed Use);
~nd
WHEREAS, the City Commission conducted a public heating and heard
:estimony and received evidence which the Commission finds supports a rezoning for
the property hereinafter described; and
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WHEREAS, the City Commission finds that the proposed rezoning is
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
UOMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing Whereas clauses are true and correct and
ncorporated herein by this reference.
gection 2. The following described land, located in the City of Boynton Beach,
?lorida as set forth as follows:
a, LL THAT PART OF THE PLAT OF MOTOROLA, A PLANNED INDUSTRIAL
DEVELOPMENT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
?LAT BOOK 43, PAGE 139 OF PALM BEACH COUNTY, FLORIDA PUBLIC
P, ECORDS.
~_LL OF TRACTS 94 THROUGH 107, SECTION 20, OF SUBDIVISION OF
SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS PER PLAT
THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, INCLUDING 30 FOOT STRIP LOCATED
IN SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AND BOUNDED ON
THE SOUTH BY BOYNTON CANAL AND ON THE NORTH BY TRACT 94,
SECTION 20, OF THE SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45
SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED
IN PLAT BOOK 7, PAGE 20, PALM BEACH COUNTY RECORDS, ALSO
INCLUDING 30 FOOT STRIP SHOWN AS ROAD EASEMENT RUNNING FROM
CANAL C-16 NORTH TO THE NORTH LINES OF LOTS 102 AND 107 EXTENDED
OF SUBDIVISION OF SECTIONS 29 AND 20, RECORDED IN PLAT BOOK 7,
PAGE 20 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
LYING BETWEEN LOTS 96 TO 102 ON THE EAST AND LOST 94, 95 AND 103
THROUGH 107 ON THE WEST IN SAID SUBDIVISION.
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ALSO, ALL LANDS, INCLUDING LAKE BOTTOM OF LAKE JACKSON AND
LANDS DESIGNATED "SAND BEACH" OR "LOW MUCK" OR OTHERWISE
LYING BETWEEN THE ABOVE DESCRIBED PROPERTY AND WEST OF THE
RIGHT-OF-WAY OF THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING
CANAL E-4, EXCEPTING THAT PORTION OF TRACTS 94, 95, 103, 104, 105, 106
AND 107, SECTION 20, SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45
SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED
IN PLAT BOOK 7, PAGE 20, PALM BEACH COUNTY PUBLIC RECORDS WHICH
LIES WITHIN 50 FEET OF THE WEST LINE OF SAID SECTION 20.
ALSO, ALL THAT PART OF THE SW lA OF SECTION 17 AND THE NW IA OF
SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, LYING SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF NW
22ND AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 1738, PAGE 1686
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND NORTH
OF THE SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE
43 EAST, RECORDED IN PLAT BOOK 7, PAGE 20, HEREINABOVE DESCRIBED,
AND EAST OF THE EASTERLY LINE OF RIGHT-OF-WAY OF CONGRESS
AVENUE AND WEST OF THE WESTERLY LINE OF RIGHT-OF-WAY LINE OF
THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4.
EXCEPTING FROM ALL OF THE ABOVE DESCRIBED PROPERTY THE RIGHT-
OF-WAY OF CONGRESS AVENUE, LAKE WORTH DRAINAGE DISTRICT
EQUALIZING CANAL E-4 AND RIGHT-OF-WAY OF CANAL C-16 FORMERLY
BOYNTON CANAL
e and the same is hereby rezoned from PID (Planned Industrial Development) and C-3
~.ommunity Commercial) to SMU (Suburban Mixed Use) . A location map is attached
ereto 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
ccordingly.
Section 4: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 6: Should any section or provision of this Ordinance or any portion
~ereof be declared by a court of competent jurisdiction to be invalid, such decision shall
ot affect the remainder of this Ordinance.
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Section 7.
· YiRST READING this
This ordinance shall become effective immediately upon passage.
dayof )'3'~d'KF'c2- i)
SECOND, FINAL READING and PASSAGE this __
ATTEST:
yClerk
,2004.
~ day of ~ Ill ~t ,2004.
CITY OF BOYNTON BEACH, FLORIDA
Comn~issione~
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