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3O
ORDINANCE NO. 04- O ~ 8
AN ORDINANCE OF THE CITY OF
BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF
KLATT FAMILY LIMITED
PARTNERSHIP 1 AND KLATT
ENTERPRISES, INC., AMENDING
ORDINANCE 02-013 OF SAID CITY BY
REZONING A PARCEL OF LAND
MORE PARTICULARLY DESCRIBED
HEREIN, FROM R-l-AA SINGLE-
FAMILY RESIDENITAL TO C-3
COMMUNITY COMMERCIAL;
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, Klatt Family Limited partnership 1 and Klatt Enterprises, Inc.,
owner of the property more particularly described hereinafter, and known as
Boynton Town Center, has heretofore filed a Petition, through its agent, Boynton
Beach Place, LLC/Kim Glas-Castro of Ruden, McClosky, et al. pursuant to Section
9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach,
Florida, fbr the purpose of rezoning a tract of land consisting of approximately
24.419 acres, said land being more particularly described hereinafter, from R-I-AA
Single-Family Residential to C-3 Community Commercial; and
WHEREAS, the City Commission conducted a public hearing and heard
testimony and received evidence which the Commission finds supports a rezoning
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for the property hereinafter described; and
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 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 and
incorporated herein by this reference.
Section 2. The following described land, located in the City of Boynton Beach,
Florida as set forth 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.
be and the same is hereby rezoned from R-l-AA Single-Family Residential to C-3
Community Commercial. A location map is attached hereto 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
accordingly.
Section 4: All ordinances or parts of ordinances in conflict herewith are
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hereby repealed.
Section 6: 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 7. This ordinance shall become effective immediately upon passage.
FIRST READING this o~o dayof ~Jo.l~
SECOND, FINAL READING and PASSAGE this
ATTEST:
Clerk
,2004.
l.~q- dayof ~e..~
_U~,2005.
CITY OF BOYNTON BEACH, FLORIDA
,¢~mmissi~ "~'~ "'- ...... /
Commissioner
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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 fight-of-way line of the Lake Worth Drainage
District E-4 Canal;
THENCE N00°41'03"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 POINT
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 NO 1 °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 of a non-tangent
curve concave to the Northeast, a radial line of said curve through said point having a
bearing 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 fight having a
central angle of 23043'48'' 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 am 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 POiNT OF BEGINNING;
Said parcel of land situate within the City of Boynton Beach, Palm Beach County,
Florida, containing 24.419 Acres ±.
BOYNTON TOWN CENTER I
LOCATION MAP
Local Retail Commercial
Industrial
LocalJ
BOYNTON TOWN CEI
LUAR 04007
'i
Commercial
High Density