09-009
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1 ORDINANCE NO. 09- coli /'
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3 AN ORDINANCE OF THE CITY OF BOYNTON /
4 BEACH, FLORIDA, AMENDING ORDINANCE 89
5 BY AMENDING THE FUTURE LAND USE ELE NT
6 OF THE COMPREHENSIVE PLAN FOR A P. RCEL
7 OWNED BY NEW URBAN HIGH RIDGE, c., AND
8 LOCATED ON THE NORTHWEST CO R OF HIGH
9 RIDGE ROAD AND MINER ROAD; C l\NGING THE
10 LAND USE DESIGNATION FROM IUM DENSITY
11 RESIDENTIAL (MEDR, 9.68 DU/A TO INDUSTRIAL;
12 PROVIDING FOR CONFLICTS, VERABILITY, AND
13 AN EFFECTIVE DATE.
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15 WHEREAS, the City Commissio fthe City of Boynton Beach, Florida has adopted
16 a Comprehensive Future Land Use PI and as part of said Plan a Future Land Use Element
17 pursuant to Ordinance No. 8 -38 and in accordance with the Local Government
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19 WHEREAS, t procedure for amendment of a Future Land Use Element of a
20 as set forth in Chapter 163, Florida Statutes, has been followed; and
21 AS, after two (2) public hearings the City Commission acting in its dual
22 capacity a Local Planning Agency and City Commission finds that the amendment
23 herein er set forth is consistent with the City's adopted Comprehensive Plan and deems it in
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24 the )Jest interest of the inhabitants of said City to amend the aforesaid Element of the
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25 ?mprehensive Plan as provided.
26 / NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
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21 CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
29 herein by this reference.
S ICAIOrdmanceslPlanninglLand UselNew Urban High Rldge(2nd read).doc
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1 Section 2: Ordinance No. 89-38 of the City is hereby amended to ,t the
2 following:
3 That the Future Land Use of the following described land located on
4 comer of High Ridge Road and Miner Road changing the land use design
5 Density Residential (MeDR, 9.68 du/ac) to Industrial:
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7 See legal description attached hereto as Exhibit "A"
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9 CONTAINING APPROX.13.66 ACRES OF LAND.
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111 Subject to easements, restrictions, reservations, venants and rights-
12 of-way of record.
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15 Section 3: That any maps adopted in acc dance with the Future Land Use Element ofthe
16 Future Land Use Plan shall be amended acc rdingly.
17 Section 4: All ordinances or parts f ordinances in conflict herewith are hereby repealed.
18 Section 5: Should any sectio or provision of this Ordinance or any portion thereof be
19 declared by a court of competent urisdiction to be invalid, such decision shall not affect the
20 remainder of this Ordinance.
21 Section 6: The eft! tive date of this plan amendment shall be the date a final order is
22 of Community Affairs finding the amendment to be in compliance in
23 accordance with Cha er 163.3184, F.S.:. or the date a final order is issued by the Administration
24 Commission findi~ the amendment to be in compliance in accordance with Section 163.3184,
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25 F.S. /
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26 FIRS/READING this J!liL day of J /Uluat'y ,2009.
S ICAIOrdinanceslPlanninglLand UselNew Urban High Ridge(2nd read).doc
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1 SECOND, FINAL READING and PASSAGE this L day c/ 'Dec.eJY\ba; 2009.
2 CITY OF BOYNTO BEACH, FLORIDA
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8 Vice Ma)j r - Woodrow L. Hay
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11 issioner - Ronald Weiland
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14 ommissioner - Jose Rodriguez
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17 Commissioner - Marlene Ross
18 ATTEST:
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21 Janet M. Prainito, CMC
22 City Clerk
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25 (Corporate Seal)
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S:ICAIOrdinanceslPlanninglLand UselNew Urban High Ridge(2nd read).doc
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EXHIBIT "A"
BALANCE OF THE HIGH RIDGE PUD RECORD P AT
(LESS THE IMAGINE CHARTER SCHOOL AT BOYNTO BEACH)
LEGAL DESCRIPTION
All of HIGH RIDGE PUD Record Plat, as recorded in Plat Boo 109, Pages 90 - 93 inclusive,
according to the Public Records of Palm Beach County, Florid, LESS the following described
parcel:
BEGIN at the Northwest comer of said "High Ridge PU
Thence North 880 35' 59" East, along the North line 0 said Plat, a distance of 471.46 feet;
Thence South 01050' 29" West, along the East lin of said Plat, a distance of 400.00 feet;
Thence North 880 09' 31" West, a distance of 47, .09 feet;
Thence North 01009' 29" East, along the We line of said Plat, a distance of 242.76 feet;
Thence North 050 02' 00" East, along the s d West line, a distance of 130.80 feet to the POINT
OF BEGINNING.
Said lands situate, lying and being in P m Beach County, Florida, containing 183,899 square
feet (4.2217 acres), more or less.
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New Urban+Communities
December 1, 2009
Mr. Michael Rumpf, Planning and Zoning Director
City of Boynton Beach
Boynton Beach City Hall
P.O. Box 310
Boynton Beach, FL 33425-0310
RE: High Ridge Development - Request to Table Land Use Plan Amendment
Dear Mike:
We request that the second reading of the High Ridge Land Use Plan Amendment to
be heard tonight be removed from the agenda due to the current uncertainties
regarding the market and our future schedule. We agree that we will be responsible
for the cost of republication of the notice at such time as this matter is rescheduled
for final action and acknowledge that any proposed future adoption date must be
consistent with the City's schedule for each large scale amendment cycle.
Further, we accept any risk associated with the fact that per the Florida Statutes, the
item may be past due for adoption and at some point DCA may request that the item
be resubmitted.
We appreciate the consideration of the City in connection with this matter. Please
contact me if you have any questions or require any additional information.
Sincerely,
New Urban High Rid , .L.C.
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Ti othy L. Hernan
Principal
C: Hanna Matras
Kevin E. Rickard
398 NE 6th Avenue Delroy Beach, Florida 33483
tel 561.279.8706 · fax 561.272.3951 · www.newurbancommunities.com