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04-015 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 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 S: \CA\Ordinances \ Planning\RezoningkRezoning Renaissance. doc 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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. :\CA\Ordinances\Planning\Rezoning\Rezoning Renaissance.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 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. ~:\CA\Ordinances\Planning\Rezonzng\Rezoning Renaissance.doc 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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~ S:\CA\Ordinances\Planning\Rezoning\Rezoning - Renaissance.doc