05-050
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1 ORDINANCE NO. 05- C~-O
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE
5 89-38 BY AMENDING THE FUTURE LAND USE
6 ELEMENT OF THE COMPREHENSIVE PLAN
7 FOR A PARCEL OWNED BY BOYNTON
8 VENTURE I, LLC, AND LOCATED ON THE
9 SOUTHEAST CORNER OF THE INTERSECTION
10 OF OCEAN AVENUE AND SOUTHEAST 4TH
11 STREET; CHANGING THE LAND USE
12 DESIGNATION FROM MIXED USE (MX) TO
13 MIXED USE CORE (MX-C); PROVIDING FOR
14 CONFLICTS, SEVERABILITY, AND AN
15 EFFECTIVE DATE.
16
1 7 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has
18 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
19 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local
2 0 Government Comprehensive Planning Act; and
21 WHEREAS, the procedure for amendment of a Future Land Use Element of a
22 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed;
2 3 and
24 WHEREAS, after two (2) public hearings the City Commission acting in its
25 dual capacity as Local Planning Agency and City Commission finds that the
26 amendment hereinafter set forth is consistent with the City's adopted Comprehensive
27 Plan and deems it in the best interest of the inhabitants of said CIty to amend the
28 aforesaid Element of the Comprehensive Plan as provided.
29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
31 Section 1: The foregoing WHEREAS clauses are true and correct and
S:\CA\Ordina~ces\Planning\Land Use\Arches Addition.doc
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1 incorporated herein by this reference.
2
Section 2:
Ordinance No. 89-38 ofthe City is hereby amended to reflect the
3 following:
4 That the Future Land Use of the following described land located on the
5 Southeast comer of the intersection of Ocean Avenue and Southeast 4th Street in
6 Boynton Beach, Florida shall be changed from Mixed Use (MX) and shall now be
7 designated as Mixed Use Core (MX-C):
8 See legal description attached hereto.
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10
11 Subject to easements, restrictions, reservation and rights of way of record.
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13
14 Section 3: That any maps adopted in accordance with the Future Land Use Element
15 of the Future Land Use Plan shall be amended accordingly.
16 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
1 7 repealed.
18 Section 5: Should any section or provision of this Ordinance or any portion thereof
19 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
20 the remainder of this Ordinance.
21 Section 6: This Ordinance shall take effect on adoption, subject to the review,
22 challenge, or appeal provisions provided by the Florida Local Government Comprehensi ve
23 Planning and Land Development Regulation Act. No party shall be vested of any right by
24 virtue of the adoption of this Ordinance until all statutory required review is complete and
25 all legal challenges, including appeals, are exhausted. In the event that the effective date is
26 established by state law or special act, the provisions of state act shall control.
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FIRST READING this Wh day of "<;~f~r'i:/:r A E~ 2005.
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3 2005.
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SECOND, FINAL READING and PASSAGE this au day of ~~
CITY OF BOYNTON BEACH, FLORIDA
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LEGAL DESCRIPTION
THE ARCHES (ADDITIONAL LAND AREA)
PARCEL I:
THE WEST 10' OF LOT 6, LESS NORTH 8' AND THE EAST 13.05' OF THE NORTH 75.88' OF LOT 7,
LESS NORTH 8', BLOCK 7, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF
ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH
COUNTY, RECORDED IN PLAT BOOK 1, PAGE 23.
PARCEL II:
LOT 7, LESS EAST 13.50 FEET OF NORTH 75.88 FEET, AND LESS NORTH 8 FEET OF WEST 36.50
FEET THEREFROM, BLOCK 7, ORIGINAL TOWN OF BOYNTON, A SUBDIVISION OF THE CITY OF
BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK
OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, RECORDED IN PLAT BOOK 1, PAGE
23, TOGETHER WITH AN EASEMENT OF PURPOSES OF INGRESS AND EGRESS OVER THE
SOUTH 50 FEET OF THE WEST 10 FEET, LOT 6, BLOCK 7, ORIGINAL TOWN OF BOYNTON.
PARCEL III:
NORTH 40 FEET OF LOT 8 AND THE NORTH 40 FEET OF THE WEST 26 FEET OF LOT 9, BLOCK 7,
ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF
THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA IN PLAT
BOOK 1, PAGE 23.
PARCEL IV:
THE NORTH 40 FEET OF LOT 10 AND THE NORTH 40 FEET OF THE EAST 24 FEET OF LOT 9,
BLOCK 7 OF THE ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE
IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,
FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23.
PARCEL V:
THE EAST 40 FEET OF LOT 6, LESS NORTH 8', BLOCK 7, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH:
THE SOUTH 50 FEET OF THE NORTH 90 FEET OF LOTS 8, 9 AND 10, BLOCK 7, TOWN OF
BOYNTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 23 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA
SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA,
CONTAINING A COMPUTED NET AREA OF 25,344 SQUARE FEET (0.58 ACRE), MORE OR LESS.
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LOCATION MAP
Arches Addition
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