17-008ORDINANCE NO. 17 -008
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AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ORDINANCE 02-
013 TO REZONE A PARCEL OF LAND
DESCRIBED HEREIN AND COMMONLY
REFERRED TO AS OCEAN ONE FROM
CENTRAL BUSINESS DISTRICT (CBD) TO
MIXED USE HIGH INTENSITY (MU -H);
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, Ocean One Boynton, LLC. owner of the property located at has made
application to rezone a parcel of land, said land being more particularly described hereinafter,
from Central Business District (CBD) to Mixed Use High Intensity (MU -H); and
WHEREAS, the City Commission conducted public hearings as required by law and
heard testimony and received evidence which the Commission finds supports a rezoning 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 hearing 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.
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Section 2. The land described in Exhibit "A" be and the same is hereby rezoned
from Central Business District (CBD) to Mixed Use High Intensity (MU -H). A location map
is attached hereto as Exhibit "B" 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 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repealed.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 become effective immediately upon passage.
FIRST READING this 21 day of March, 2017.
SECOND, FINAL READING and PASSAGE this 4 day of April, 2017.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant
Vice Mayor — Justin Katz
Commissioner -- Mack McCray
Commissioner — Christina L. Romelus
Commissioner — Joe Casello
VOTE
(Corporate Seal)
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Exhibit "A" to Ordinance
LOTS 1 THROUGH 6, "FUNK BROS. ADDITION ", ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 2 AT PAGE 13 OF SAID PUBLIC
RECORDS AND LOT 41, "DEWEY'S SUBDIVISION ", ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 1 AT PAGE 37 OF SAID PUBLIC
RECORDS AND ALL REPLATTED AS "AGREEMENT PLAT SHOWING
PROPERTY IN NW 1/4 OF NW 1/4 OF NW 1/4 IN SECTION 27 T45S. R43E.
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10 AT
PAGE 2 OF SAID PUBLIC RECORDS.
LESS AND EXCEPT; THE EAST 25.00 FEET THEREOF
ALSO LESS AND EXCEPT THAT PORTION LYING WITHIN 50.00 FEET OF THE
WEST LINE OF SECTION 27, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA.
ALSO LESS AND EXCEPT THAT PORTION LYING WITHIN 45.00 FEET OF THE
CENTERLINE OF STATE ROAD 804.
ALSO LESS AND EXCEPT THE PART INCLUDED IN THE EXTERNAL AREA OF
A 10.00 FOOT RADIUS ARC WHICH IS TANGENT TO A LINE 25.00 FEET WEST
OF THE EAST LINE OF SAID LOT 41 AND TO A LINE 45.00 FEET NORTH OF
THE CENTERLINE OF STATE ROAD 804.
ALSO LESS AND EXCEPT THE PART INCLUDED IN THE EXTERNAL AREA OF
A 12.00 FOOT RADIUS ARC WHICH IS TANGENT TO A LINE 50.00 FEET EAST
OF THE WEST LINE OF SAID SECTION 27 AND TO A LINE 15.00 FEET SOUTH OF
THE NORTH LINE OF SAID SECTION 27.
ALSO LESS AND EXCEPT THE PART INCLUDED IN THE QUIT CLAIM DEED
RECORDED IN OFFICIAL RECORDS BOOK 23563 AT PAGE 1115 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH
COUNTY, FLORIDA.
OCEAN O (REZONING r, 1