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20-0051 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 ORDINANCE NO. 20-005 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 7 -ELEVEN PROPERTY AND DESCRIBED HEREIN, OWNED BY THE SOUTHLAND CORPORATION, CHANGING THE LAND USE DESIGNATION FROM LOW DENSITY AND MEDIUM DENSITY RESIDENTIAL (LDR AND MDR), AND LOCAL RETAIL COMMERCIAL (LRC) TO: LOCAL RETAIL COMMERCIAL (LRC); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the Future Land Use Element (designation) of the Comprehensive Plan as hereinafter provided. 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. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the Future Land Use of the following described land: PARCEL 1 (EXHIBIT A, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY COMMITMENT NUMBER 759692) ALL OF LOT 2, AND LOT 1, LESS THE EAST 7 FEET THEREOF AND LESS THAT PART OF LOT WHICH IS INCLUDED IN THE EXTERNAL AREA FORMED BY A 20 FOOT RADIUS ARC WHICH IS THE TANGENT TO A LINE 7 FEET WEST OF A PARALLEL TO THE EAST LINE OF SAID LOT 1, AND TANGENT TO THE NORTH LINE OF SAID LOT 1, BLOCK 12, CENTRAL PARK ANNEX BOYNTON FLORIDA, ACCORDING TO THE MAP OR PLAT THEREOF AS SACA\Ordinances\Planning\Land Use\7-Eleven Property LUA - Ordinance.Docx 3' 4i 4 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 61 6, 7' 7 7. 7 7 RECORDED IN PLAT BOOK 12, PAGE 51, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 2 (EXHIBIT A, WFG NATIONAL TITLE INSURANCE COMPANY COMMITMENT NUMBER 19-537886) LOTS 3 AND 4, BLOCK 12, CENTRAL PARK ANNEX, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, AT PAGE 51, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 3 (EXHIBIT A, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY COMMITMENT NUMBER 809138 A2) LOTS 21, 22, 23 AND 24, BLOCK 12, CENTRAL PARK ANNEX, AS RECORDED IN PLAT BOOK 12, PAGE 51, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE FOLLOWING DESCRIBED PARCELS: A PARCEL OF LAND FOR ROAD RIGHT-OF-WAY PURPOSES LYING IN THE SOUTHEAST ONE-QUARTER OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 24, BLOCK 12, PLAT OF CENTRAL PARK ANNEX, RECORDED IN PLAT BOOK 12, PAGE 51, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 1'26'55" EAST ALONG THE EAST LINE OF SAID LOT 24 A DISTANCE OF 121.82 FEET; SAID EAST LINE ALSO BEING THE WEST RIGHT-OF-WAY OF SEA CREST BOULEVARD; THENCE NORTH 87°38'37" WEST A DISTANCE OF 7.00 FEET TO A LINE 7.00 FEET WEST OF AND PARALLEL WITH AS MEASURED AT RIGHT ANGLES TO THE SAID EAST LINE OF LOT 24, THENCE SOUTH 1026'55" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 96.56 FEET; THENCE SOUTH 46046'42" WEST A DISTANCE OF 35.56 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WOOLBRIGHT ROAD AS SHOWN IN ROAD PLAT BOOK 4, PAGE 86; THENCE SOUTH 87053'30" EAST ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 32.29 FEET TO THE POINT OF BEGINNING. ALSO DESCRIBED AS: (OFFICIAL RECORD BOOK 2780, PAGE 920, PALM BEACH COUNTY, RECORDS) LOTS 1, 2, 3, 4, 21, 22, 23 AND 24, BLOCK 12, CENTRAL PARK ANNEX, AS RECORDED IN PLAT BOOK 12, AT PAGE 51, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE FOLLOWING DESCRIBED PARCELS: A PARCEL OF LAND FOR ROAD RIGHT-OF-WAY PURPOSES LYING IN THE SOUTHEAST ONE-QUARTER OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 24, BLOCK 12, PLAT OF CENTRAL PARK ANNEX, RECORDED IN PLAT BOOK 12, PAGE 51, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 1'26'55 " EAST ALONG THE EAST LINE OF SAID LOT 24 A DISTANCE OF 121.82 FEET; SAID EAST LINE ALSO BEING THE WEST RIGHT-OF-WAY OF SEACREST BOULEVARD; THENCE NORTH 87°38'37" WEST A SACA10rdinances\Planning\Land Use17-Eleven Property LUA - Ordinance.Docx 9 9 9 9 9 9 9 9 9 9 10 10 10 10 10 10 10 10 10 10 11 11 11 11 11 11 11 11 11 11 12 12 DISTANCE OF 7.00 FEET TO A LINE 7.00 FEET WEST OF AND PARALLEL WITH AS MEASURED AT RIGHT ANGLES TO THE SAID EAST LINE OF LOT 24, THENCE SOUTH 1026'55" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 96.56 FEET; THENCE SOUTH 46046'42" WEST A DISTANCE OF 35.56 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WOOLBRIGHT ROAD AS SHOWN IN ROAD PLAT BOOK 4, PAGE 86; THENCE SOUTH 87053'30" EAST ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 32.29 FEET TO THE POINT OF BEGINNING AND LESS THE EAST 7 FEET OF LOT 1, BLOCK 12, ACCORDING TO THE PLAT OF CENTRAL PARK ANNEX, AS RECORDED IN PLAT BOOK 12, PAGE 51, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, IN SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST; AND THAT PART OF SAID LOT 1 WHICH IS INCLUDED IN THE EXTERNAL AREA FORMED BY A 20 FOOT RADIUS ARC WHICH IS TANGENT TO A LINE 7 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT 1 AND TANGENT TO THE NORTH LINE OF SAID LOT 1. SAID LANDS SITUATE LYING AND BEING IN BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINS 45,742 SQUARE FEET (1.05 ACRES), MORE OR LESS. is amended from Low Density and Medium Density Residential (LDR and MDR), and Local Retail Commercial (LRC) TO Local Retail Commercial (LRC). Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this d" = day of Ol , 2020. SACAIOrdinancesTlanningTand Use17-Eleven Property LUA - Ordinance.Docx 12F SECOND, FINAL READING and PASSAGE this .0 day of , 2020. 12 CITY OF BOYNTON BEACH, FLORIDA 121 YES NO 12 12 12 12 12 13 13 13 13 13 13 13 13 Mayor — Steven B. Grant ✓ Vice Mayor — Ty Penserga ✓ Commissioner — Justin Katz ✓ Commissioner — Woodrow L. Hay ✓ Commissioner — Christina L. Romelus V-1- VOTE ✓ VOTE S -J 139 ATTEST: 13 14 14 14 C stal Gibson, MMC 14 Uity Clerk 14 14 14 E (Corporate Seal) 14 IT y SACA\Ordinances\Planning\Land Use\7-Eleven Property LUA - Ordinance.Docx