04-0471
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING PROPERTY
CONSISTING OF APPROXIMATELY 25 ACRES AND
LOCATED THE NORTHEAST CORNER OF THE
INTERSECTION OF CONGRESS AVENUE AND OLD
BOYNTON ROAD; AMENDING ORDINANCE 89-38
BY AMENDING THE FUTURE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN OF THE CITY
FOR THE PROPERTY MORE PARTICULARLY
DESCRIBED HEREIN; THE LAND USE
DESIGNATION IS BEING CHANGED FROM
MODERATE DENSITY RESIDENTIAL TO LOCAL
RETAIL COMMERCIAL (LRC); PROVIDING 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 Govermnent 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 heating and study, the City Conmaission 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:
~\CA\Ordinances\Planning\Land Use~Boynton Town Center (010705 rev) .doc
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That the Future Land Use of the following described land shall be designated as Local
Retail Commercial (LRC). Said land is more particularly described as follows:
See legal description attached hereto.
Subject to easements, restrictions, reservation and rights of way of record.
Said lands situate, lying and being in Palm Beach County, Florida.
Section 3: That any maps adopted in accordance with the Future Land Use Element 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Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 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 right 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 READ1NG this ,~0 dayof~Ju..l~j ,2004.
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SECOND, FINAL READING and PASSAGE this [ ~- day of fze.~'ox~a-~, 2005.
CITY OF BOYNTON BEACH, FLORIDA
issio.~ner
~TTEST:
(Corporate Seal)
~:~CA\Ordinances\Plannlng~Land Use\Boynton Town Center (010705 rev).doc
LEGAL DESCRIPTION
A parcel of land being a portion of Lots 68, 69, 79 through 84, the abandoned road rights-
of-way adjacent to said lots, Lake Bessie and the unnumbered lands adjacent to said Lake
Bessie as shown on the plat of"PALM BEACH-MIAMI LAND AND DEVELOPMENT
COMPANY SUBDIVISION OF SECTION 29 AND 20, TOWNSHIP 45 SOUTH,
RANGE 43 EAST as recorded in Plat Book 7, Page 20 of the Public Records of Palm
Beach County, Florida, said parcel being more particularly described as follows:
COMMENCE at the Southwest comer of the Southwest One-Quarter (1/4) of said
Section 20, Township 45 South, Range 43 East;
THENCE on a grid beating of N01 °22'46"W along the West line of said Southwest One-
Quarter (1/4) of Section 20 a distance of 1222.48 feet to the centerline of Old Boynton
Road;
THENCE N89°48'57"E along said centerline of Old Boynton Road a distance of 1990.49
feet to the Southerly extension of the West right-of-way line of the Lake Worth Drainage
District E-4 Canal;
THENCE N00°41'0Y'W along said Southerly extension a distance of 50.00 feet to a point
on a line 50.00 feet North of and parallel with said centerline of Old Boynton Road;
THENCE S89°48'57"W along said parallel line a distance of 826.94 feet to the PO1NT
OF BEGINNING;
THENCE continue S89°48'57"W continuing along said parallel line a distance of 536.02
feet to a point on the East line of said Lot 79;
THENCE N01 °22'46"W along said East line a distance of 1.00 feet to a point on a line
51.00 feet North of and parallel with said centerline of Old Boynton Road;
THENCE S89°48'57"W along said parallel line a distance of 528.12 feet;
THENCE N45°47'05"W a distance of 57.16 feet to a point on the East right-of-way line
of Congress Avenue, said line also being 60.00 feet East of and parallel with said West
line of the Southwest One-Quarter (1/4) of Section 20;
THENCE N01 °22'46"W along said right-of-way line and parallel line a distance of
957.57 feet;
THENCE N88°37'14"E a distance of 962.36 feet to a point on the arc ora non-tangent
curve concave to the Northeast, a radial line of said curve through said point having a
beating of N69° 17'44"E;
THENCE Southeasterly along the arc of said curve to the left having a central angle of
04°25'16" and a radius of 1542.00 feet for an arc distance of 118.99 feet to a point of
reverse curvature of a tangent curve concave to the West;
THENCE Southeasterly and Southerly along the arc of said curve to the right having a
central angle of 23°43'48" and a radius of 556.50 feet for an arc distance of 230.48 feet to
a point of tangency;
THENCE SO 1 °23'44"E a distance of 74.24 feet to a point of curvature of a tangent curve
concave to the West;
THENCE Southerly along the arc of said curve to the right having a central angle of
06006'43'' and a radius of 556.50 feet for an arc distance of 59.36 feet to a point of
reverse curvature of a tangent curve concave to the East;
THENCE Southerly along the arc of said curve to the left having a central angle of
23057'48'' and a radius of 682.00 feet for an arc distance of 285.24 feet to a point of
reverse curvature of a tangent curve concave to the West;
THENCE Southerly along the arc of said curve to the right having a central angle of
19003'47'' and a radius of 556.50 feet for an arc distance of 185.15 feet to a point of
tangency;
THENCE S00%%dl l'03"E a distance of 89.52 feet to the PO1NT OF BEGINNING;
Said parcel of land situate within the City of Boynton Beach, Palm Beach County,
Florida, containing 24.419 Acres 4-.