17-027 ORDINANCE NO. 17-027
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA,
4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE
5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR
6 PROPERTY COMMONLY KNOWN AS THE VILLAGES AT EAST
7 OCEAN AVENUE-SOUTH AND DESCRIBED HEREIN,OWNED BY
8 ARTHUR B. D'ALMEIDA; CHANGING THE LAND USE
9 DESIGNATION FROM LOCAL RETAIL COMMERCIAL(LRG)TO
10 MIXED USE MEDIUM (MXM); PROVIDING FOR CONFLICTS,
11 SEVERABILITY, AND AN EFFECTIVE DATE.
12
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
16 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
21 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
3 amended from Local Retail Commercial (LRC) to: MIXED USE MEDIUM (MXM).
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 ie day of S nc ei , 2017.
40 CITY OF BOYNTON BEACH, FLORIDA
41
4 2 YES NO
43
44 Mayor—Steven B. Grant
45
4 6 Vice Mayor—Justin Katz
47
48 Commissioner—Mack McCray
49
5 0 Commissioner—Christina L. Romelus
51
5 2 Commissioner—Joe Casello
53
54
55
56 VOTE
57 ATTEST:
58
59
60
61 JudiA. Pyle, CMC
62 Cit Jerk
63
64 (Corporate Seal)
65
.
66
EXHIBIT A
SOUTH PROPERTY LEGAL DESCRIPTION
ORB 27497 PAGE 1800
PARCEL 1:
LOT 5,BLOCK 8,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.
PCN: 08-43-45-28-03-008-0050
PARCEL 2:
LOT 3, LESS THE NORTH 10 FEET THEREOF, AND ALL OF LOTS 4, 9 AND 10,
BLOCK 8,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.
PCN: 08-43-45-28-03-008-0030
PARCEL 3:
THE EAST I/2 OF LOT 8, BLOCK 8, 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.
PCN: 08-43-45-28-008-0081
PARCEL 4:
LOT 6, BLOCK 8, 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.
PCN: 08-43-45-28-03-008-0060
PARCEL 5:
THE NORTH 60 FEET OF LOT 7 AND THE NORTH 60 FEET OF THE WEST HALF(W
'A) OF LOT 8, BLOCK 8, 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.
PCN: 08-43-45-28-03-008-0071
PARCEL 6:
LOTS 4, 5 AND 6, BLOCK 11, 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.
PCN: 08-43-45-28-03-011-0040
PARCEL 7:
LOT 7, LESS THE NORTH 60 FEET THEREOF AND THE WEST HALF OF LOT 8,
LESS THE NORTH 60 FEET THEREOF, BLOCK 8, 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.
PCN: 08-43-45-28-03-008-0072
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 EASEMENT OF RECORD,
WITHOUT THE INTENT TO REIMPOSE SAME, AND TAXES FOR THE CURRENT
AND SUBSEQUENT YEARS.