17-024 ORDINANCE NO. 17-024
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA,
AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE
LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR
PROPERTY COMMONLY KNOWN AS THE VILLAGES AT EAST
OCEAN AVENUE - NORTH AND DESCRIBED HEREIN, OWNED
BY THE ARTHUR B. D'ALMEIDA; CHANGING THE LAND USE
9 DESIGNATION FROM LOCAL RETAIL COMMERCIAL(LRG)TO
10 MIXED USE HIGH (MXH); PROVIDING FOR CONFLICTS,
1 SEVERABILITY, AND AN EFFECTIVE DATE.
1 .
13 WHEREAS,the City Commission of the City of Boynton Beach,Florida has adopted
14 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
15 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
1. Comprehensive Planning Act; and
17 WHEREAS, the procedure for amendment of a Future Land Use Element of a
18 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
19 WHEREAS, after two (2) public hearings the City Commission acting in its dual
20 capacity as Local Planning Agency and City Commission finds that the amendment
2 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
22 the best interest of the inhabitants of said City to amend the Future Land Use Element
23 (designation) of the Comprehensive Plan as hereinafter provided.
24 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE
25 CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
27 herein by this reference.
28 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the
29 following:
30 That the Future Land Use of the following described land described in Exhibit"A"is
31 amended from Local Retail Commercial (LRC) to: MIXED USE HIGH (MXH).
32 Section 3: This Ordinance shall take effect on adoption,subject to the review,challenge,
33 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
34 Land Development Regulation Act. No party shall be vested of any right by virtue of the
35 adoption of this Ordinance until all statutory required review is complete and all legal challenges,
36 including appeals,are exhausted. In the event that the effective date is established by state law or
37 special act, the provisions of state act shall control.
38 FIRST READING this 7th day of September, 2017.
39 SECOND, FINAL READING and PASSAGE this j 91 day of 4,(9hVief"
, 2017.
40 CITY OF BOYNTON BEACH, FLORIDA
41
42 YES NO
43
4 4 Mayor— Steven B. Grant
45
4 6 Vice Mayor—Justin Katz
47
48 Commissioner—Mack McCray
49
5 0 Commissioner— Christina L. Romelus L"
51
52 Commissioner—Joe Casello L
53
54
55
56 VOTE
57 ATTEST:
58
59
60 6
61 Judi A. Pyle, CMC/
62 Citi Clerk
444.t.
63 f.tri .04' 441/A.
64 (Corporate Seal) 6
65 r '
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66
EXHIBIT A
NORTH PROPERTY LEGAL DESCRIPTION
08-43-45-28-03-002-0070 (ORB 25999 PAGE 1961)
LOT 7, BLOCK 2, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 1,PAGE 23, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY,FLORIDA. LESS THOSE LANDS CONVEYED TO THE
STATE OF FLORIDA IN WARRANTY DEED RECORDED IN OFFICIAL RECORDS
BOOK 1324, PAGE 13.
TOGETHER WITH ALL IMPROVEMENTS,TENEMENTS,HEREDITAMENTS,AND
APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND
TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD.
SUBJECT TO ALL COVENANTS,RESTRICTIONS AND EASEMENTS OF RECORD,
WITHOUT REIMPOSING SAME, AND TAXES FOR THE CURRENT AND
SUBSEQUENT YEARS.
08-43-45-28-03-002-0050 (ORB 14860 PAGE 1691)
LOTS 5 AND 6, BLOCK 2, OF TOWN OF BOYNTON, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 23, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
SUBJECT TO CONDITIONS, RESTRICTIONS, LIMITATIONS, RESERVATIONS,
AGREEMENTS,DECLARATIONS,DEDICATIONS AND EASEMENTS OF RECORD,
APPLICABLE ZONING LAWS AND TAXES FOR THE YEAR 2003 AND ALL
SUBSEQUENT YEARS.
08-43-45-28-03-002-0030 (ORB 23738 PAGE 1529)
LOTS 3 AND 4, BLOCK 2, BOYNTON, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 1, PAGE(s) 23, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
08-43-45-28-03-002-0020 (ORB 21484 PAGE 1820)
LOT 2, BLOCK 2, OF TOWN OF BOYNTON, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA
08-43-45-28-03-002-0080 (ORB 26000 PAGE 1)
LOTS 8, 9 AND 10, BLOCK 2 OF THE TOWN OF BOYNTON, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH ALL IMPROVEMENTS,TENEMENTS,HEREDITAMENTS,AND
APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND
TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD.
SUBJECT TO ALL COVENANTS,RESTRICTIONS AND EASEMENTS OF RECORD,
WITHOUT REIMPOSING SAME, AND TAXES FOR THE CURRENT AND
SUBSEQUENT YEARS.
08-43-45-28-03-002-0110 (ORB 21535 PAGE 575)
LOTS 11, 12, AND 13, BLOCK 2, BOYNTON, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA
ORB 26546 PAGE 1:
08-43-45-28-03-005-0040
PARCEL 1:
LOTS 4 THROUGH 6,BLOCK 5,TOWN OF BOYNTON,ACCORDING TO THE PLAT
RECORDED IN PLAT BOOK 1,PAGE 23,AS RECORDED IN THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
08-43-45-28-03-005-0091
PARCEL 2:
THE EAST 30 FEET OF LOT 9, BLOCK 5, TOWN OF BOYNTON, ACCORDING TO
THE PLAT RECORDED IN PLAT BOOK 1,PAGE 23,AS RECORDED IN THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
08-43-45-28-03-005-0100
PARCEL 3:
LOTS 10 AND 11, BLOCK 5, TOWN OF BOYNTON, ACCORDING TO THE PLAT
RECORDED IN PLAT BOOK 1,PAGE 23 AS RECORDED IN THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
08-43-45-28-03-005-0020 (ORB 26484 PAGE 125)
THAT CERTAIN REAL PROPERTY LOCATED IN SECTION 28, TOWNSHIP 45
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
LOTS 2 AND 3, BLOCK 5, TOWN OF BOYNTON, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 1,PAGE 23, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH ALL IMPROVEMENTS,TENEMENTS,HEREDITAMENTS,AND
APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND
TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD.
SUBJECT TO ALL COVENANTS,RESTRICTIONS AND EASEMENTS OF RECORD,
WITHOUT THE INTENT TO REIMPOSE SAME, AND TAXES FOR THE CURRENT
AND SUBSEQUENT YEARS.
08-43-45-28-03-005-0080 (ORB 27636 PAGE 849)
LOTS 8 AND 9, LESS THE EAST 30 FEET, BLOCK 5, 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. SAID LANDS SITUATE,LYING AND BEING IN PALM
BEACH COUNTY, FLORIDA.
TOGETHER WITH ALL IMPROVEMENTS,TENEMENTS,HEREDITAMENTS,AND
APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND
TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD.
SUBJECT TO ALL COVENANTS,RESTRICTIONS AND EASEMENTS OF RECORD,
WITHOUT THE INTENT TO REIMPOSE SAME, AND TAXES FOR THE CURRENT
AND SUBSEQUENT YEARS.
THE PERSONAL REPRESENTATIVES RELEASE ALL LIENS OR RIGHTS TO LIENS
PURSUANT TO SEC. 733.608, FLA. STAT.