09-010
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1 ORDINANCE NO. 09- 0/0 /
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3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF NEW URBAN HIGH RIDG ,
6 AMENDING ORDINANCE 02-013 TO REZON A
7 PARCEL OF LAND LOCATED ON THE
8 NORTHWEST CORNER OF HIGH RIDG ROAD
9 AND MINER ROAD, AS MORE FULLY
10 DESCRIBED HEREIN, FROM PLA ED UNIT
11 DEVELOPMENT (PUD) TO M-l DUSTRIAL
12 DISTRICT; PROVIDING FOR CONFLICTS,
13 SEVERABILITY, AND AN EFFE IVE DATE.
14
15 WHEREAS, the City Commission 0 the City of Boynton Beach, Florida has
16 adopted Ordinance No. 02-013, in which a evised Zoning Map was adopted for said City;
17 and
18 WHEREAS, New Urban H" h Ridge LLC., owner of the property located on the
19 northwest comer of High Ridge oad and Miner Road in Boynton Beach, Florida, as more
20 particularly described herein, as filed a Petition, through its agent, Timothy L. Hernandez,
21 pursuant to Section 9 of pendix A-Zoning, of the Code of Ordinances, City of Boynton
22 Beach, Florida, for the J1 rpose of rezoning a parcel of land, said land being more particularly
23 described hereinafter, rom Planned Unit Development (PUD) to M-l Industrial District; and
24 , the City Commission conducted a public hearing and heard testimony
25 and received e dence which the Commission finds supports a rezoning for the property
26
27 W EREAS, the City Commission finds that the proposed rezoning is consistent with
28 an amendment to the Land Use which was contemporaneously considered and approved at
29 the public hearing heretofore referenced; and
30 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
SICA\Ordinances\Planning\Rezoning,.Rezoning-New Urban High Ridge(2nd read) doc
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1 said City to amend the aforesaid Revised Zoning Map as hereinafter set fo
2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY OMMISSION OF
3 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
4 Section 1. The foregoing Whereas clauses are true d correct and incorporated
5 herein by this reference.
6 Section 2. The following described land locat on the Northwest comer of High
7 Ridge Road and Miner Road in Boynton Beach, Florid as set forth as follows:
8
9 See Legal Description attachtrl as Exhibit "A"
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11 CONTAINING APPROX. 13.66 ACRES OF AND.
12
13 Subject to easements, covenants and
14 rights-of-way of record.
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16 be and the same is hereby rezoned from anned Unit Development (PUD) to M-l Zoning
17 District. A location map is attached here 0 as Exhibit "B" and made a part of this Ordinance
18 by reference.
19 Section 3. That the afores Id Revised Zoning Map of the City shall be amended
20 accordingly.
21 Section 4. All ordina es or parts of ordinances in conflict herewith are hereby
22 repealed. !
23 Section 5. Should f sectioo or provision of this Ordinance or any portion thereof
24 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
25 the remainder of this Ordinance.
26 Section 6. This ordinance shall become effective immediately upon passage.
27 FIRST READING this 4ti day of Ja-n~ t ,2009.
S \CA\Ordinances\Planning,.Rezoning,.Rezoning-New Urban High Ridge(2nd read).doc
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1 SECOND, FINAL READING and PASSAGE this ~ day of J>ec.eA\bat, 009.
2 CITY OF BOYNTON BEACH, FLO DA
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5 Mayor - Jerry Taylor
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8 Vice Mayor - Woodrow L.
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17 ATTEST:
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20 Janet M. Prainito, CMC
21 City Clerk
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23
24 (Corporate Seal)
S.\CA\OrdinanceslPlanning,.Rezoning\Rezoning-New Urban High Ridge(2nd read).doc
EXHIBIT "A"
BALANCE OF THE HIGH RIDGE PUD RECORD PLAT
(LESS THE IMAGINE CHARTER SCHOOL AT BOYNTON BEACH)
LEGAL DESCRIPTION
All of HIGH RIDGE PUD Record Plat, as recorded in Plat Book 109, Pages 90 93 inclusive,
according to the Public Records of Palm Beach County, Florida, LESS the fo owing described
parcel:
BEGIN at the Northwest comer of said "High Ridge PUD Record Plat;
ThenceNorth 88035' 59" East, along the North line of said Plat, ad. tance of471.46 feet;
Thence South 01050' 29" West, along the East line of said Plat, aistance of 400.00 feet;
Thence North 88009' 31" West, a distance of 475.09 feet;
Thence North 01009' 29" East, along the West line ofsai lat, a distance of242.76 feet;
Thence North 050 02' 00" East, along the said West lin ,a distance of 130.80 feet to the POINT
OF BEGINNING.
Said lands situate, lying and being in Palm Beachi~unty, Florida, containing 183,899 square
feet (4.2217 acres), more or less. I
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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.
~-
. lG~
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