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04-060 3 4 lO ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE NO. 04- OfoO AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF BOYNTON BEACH WATERWAYS INVESTMENT ASSOCIATES, LLC, AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING A PARCEL OF LAND FROM CBD CENTRAL BUSINESS DISTRICT TO MU-H MIXED USE-HIGH INTENSITY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Boynton Beach Waterways Investment Associates, IJ.C, owner of the property more particularly described hereinafter, has heretofore filed a Petition, through its agent, Weiner & Aronson, P.A., pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a tract of land consisting of approximately 3.96 acres, said land being more particularly described hereinafter, from CBD Central Business District to MU-H Mixed Use-High Intensity; and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is S :\CA\OrdinancesXPlanningXRezoning~r'romenade Rezoning.doc considered and approved at the public heating 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 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct incorporated herein by this reference. Section 2. The following described land, located in the City of Boynton Beach, Florida as set forth as follows: 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 consistent with an amendment to the Land Use which was contemporaneously and A parcel of land being a portion of Lots 24 and 25 of DEWEY'S SUBDIVISION, City of Boynton Beach, recorded in Plat Book 1, Page 37, Public Records of Palm Beach County, Florida, said land being more particularly described as follows: Commencing at the Southeast comer of Lot 25, of the above mentioned Plat Deweys Subdivision; thence with a beating of North 01008'50" West, along the East line of Lot 25, a distance of 45.01 feet to the North right-of-way line of Boynton Beach Blvd., and the Point of Beginning; thence with a beating of North 89050, 17" West, along the North right-of-way line of Boynton Beach Blvd., said line lying 45.00 feet North of the South line of Lot 25, a distance of 291.15 feet to a point; thence with a beating of North 00059'45" West, along the East right-of-way line of Federal Highway, a distance of 596.97 feet to a point on the North line of Lot 24; thence with a bearing of South 89°46'04'' East, along the North line of Lot 24; a distance of 281.58 feet to a point; thence with a beating of South 01°08'50'' East, along a line 8.00 feet West of the East line of Lot 24, 98.03 feet to a point; thence South 89045'04" East, a distance of 8.00 feet to a point on the West line of Lot 24; thence with a beating of South 01°08'50'' East, along the East line of Lots 24 and 25, a distance of 498.62 feet to the Point of Beginning. be and the same is hereby rezoned from CBD Central Business District to MU-H Mixed Use-High Intensity. A location map is attached hereto as Exhibit "A" and made a part of S:\CA\OrdinancesLPlanningLRezoningLPromenade Rezoning.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 this Ordinance by reference. Section 3. That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. 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 6. This ordinance shall become effective immediately upon passage. FIRST READING this ,~0 day of ~ M, [,/ ,2004. ! SECOND, FINAL READING and PASSAGE this~3~'~'~day of ~:~-q~ca~---, 2004. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Com~m~m~ss~ ? · PROMENADE LOCATION MAP -n CBD _m ,. NE 4TH AVE 'CBD ~ L CBI ~ CBD BoYNTON BEACH BLVD ~ , i , CBD / ;: CBD z. CBD MX-H 0 50 100 200 300 40~eet