20-034 1 ORDINANCE NO.20-034
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA,
4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF
5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS
6 LEGACY AT BOYNTON BEACH FROM CBD (CENTRAL
7 BUSINESS DISTRICT) TO MU-C (MIXED-USE CORE);
8 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN
9 EFFECTIVE DATE.
10
11 WHEREAS,the City Commission of the City of Boynton Beach, Florida has adopted
12 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
13 WHEREAS, the applicant has requested to rezone the parcels to Mixed Use-Core
14 (MU-C), a zoning designation corresponding to the MXH classification and carrying that
15 classification's maximum density of 80 dwelling units per acre(du/ac); and
16 WHEREAS, the City Commission conducted public hearings as required by law and
17 heard testimony and received evidence which the Commission finds supports a rezoning for the
18 property hereinafter described; and
19 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
20 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
23 Section 1. The foregoing Whereas clauses are true and correct and incorporated
24 herein by this reference.
25 Section 2. The land herein described be and the same is hereby rezoned from CBD
26 (Central Business District) to MU-C (Mixed Use-Core). A location map is attached hereto as
27 Exhibit"A"and made a part of this Ordinance by reference. Legal Description:
28 PARCELI
29
30 BINGHAM PROPERTY:
31 LOTS 5,6,7 AND 8,LESS THE WEST 25 FEET THEREOF FOR ROAD RIGHT-OF-
3 2 WAY AND LOTS 95 AND 96 AND LOTS 65 AND 66 OF "THE LAWNS",
3 3 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9,PAGE 69 OF
3 4 THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA.
35
36 PARCEL II
37
38 BOWDEN PROPERTY:
3 9 LOTS 9, 10, 11 AND 12 AND THE NORTH 10 FEET OF LOT 13,LOTS 15 AND 16,
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4 0 "THE LAWNS",ACCORDING TO THE PLAT THEREOF,RECORDED IN PLAT
41 BOOK 9,PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
4 2 FLORIDA,LESS THE WEST 25 FEET THEREOF FOR ROAD RIGHT-OF-WAY.
43
4 4 PARCEL III
45
4 6 SCAGGS PROPERTY:
47 LOTS 67,68,69 AND 70, "THE LAWNS",ACCORDING TO THE PLAT THEREOF
4 8 ON TILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR
4 9 PALM BEACH COUNTY,FLORIDA,RECORDED IN PLAT BOOK 9 AT PAGE 69.
50
51 PARCEL IV
52
53 DSS PROPERTIES PROPERTY:
5 4 LOTS 71 AND 72, "THE LAWNS",ACCORDING TO THE PLAT THEREOF ON FILE
5 5 IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM
5 6 BEACH COUNTY,FLORIDA,RECORDED IN PLAT BOOK 9 AT PAGE 69.
57
58 PARCEL V
59
60 GARCIA PROPERTY:
61 CONDOMINIUM PARCEL A OF INTRACOASTAL MEDICAL BUILDING
62 CONDOMINIUM,A COMMERCIAL CONDOMINIUM,ACCORDING TO THE
6 3 DECLARATION OF CONDOMINIUM THEREOF,RECORDED FEBRUARY 8, 1980
64 IN OFFICIAL RECORDS BOOK 3229,PAGES 180 THROUGH 214 OF THE PUBLIC
65 RECORDS OF PALM BEACH COUNTY,FLORIDA,AND ALL AMENDMENTS
66 THERETO.
67
68 PARCEL VI
69
70 RUGGERI PROPERTY:
71 UNIT B OF INTRACOASTAL MEDICAL BUILDING CONDOMINIUM,ACCORDING
7 2 TO THE DECLARATION THERE OF RECORDED IN OFFICIAL RECORDS BOOK
7 3 3229,PAGE 180 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
7 4 FLORIDA,AND ALL AMENDMENTS THERETO.
75
7 6 PARCEL VII
77
7 8 CHIODO PROPERTY:
7 9 UNIT C OF INTRACOASTAL MEDICAL BUILDING CONDOMINIUM,A
8 0 COMMERCIAL CONDOMINIUM,ACCORDING TO THE DECLARATION OF
81 CONDOMINIUM THEREOF,RECORDED FEBRUARY 8, 1980 IN OFFICIAL
8 2 RECORDS BOOK 3229,PAGE 180 OF THE PUBLIC RECORDS OF PALM BEACH
8 3 COUNTY,FLORIDA,AND ALL AMENDMENTS THERETO.
84
8 5 PARCEL VIII
86
8 7 SOLIS PROPERTY:
8 8 THE SOUTH 15 FEET OF LOT 13 AND ALL OF LOT 14,LESS THE WEST 25 FEET
8 9 THEREOF PREVIOUSLY DEEDED TO THE STATE OF FLORIDA FOR ROAD
90 RIGHT OF WAY PURPOSES,AND ALL OF LOTS 61,62,63 AND 64, "THE LAWNS",
91 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9,PAGE 69
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92 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA.
93
94 PARCEL IX
95
9 6 SPENCER PROPERTY:
97 UNIT D OF INTRACOASTAL MEDICAL BUILDING CONDOMINIUM,A
98 COMMERCIAL CONDOMINIUM,ACCORDING TO THE DECLARATION OF
99 CONDOMINIUM THEREOF,RECORDED FEBRUARY 8, 1980 IN OFFICIAL
10 0 RECORDS BOOK 3229,PAGE 180 OF THE PUBLIC RECORDS OF PALM BEACH
101 COUNTY,FLORIDA,AND ALL AMENDMENTS THERETO.
102
10 3 PARCEL X
104
10 5 VACATED RIGHT-OF-WAY
10 6 A PORTION OF THE RIGHT-OF-WAY OF SE 1st AVENUE LYING BETWEEN LOT
107 8,LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9,LESS THE WEST
108 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS",ACCORDING TO THE PLAT
10 9 THEREOF RECORDED IN PLAT BOOK 9,PAGE 69 OF THE PUBLIC RECORDS OF
110 PALM BEACH COUNTY,FLORIDA, MORE PARTICULARLY DESCRIBED AS
111 FOLLOWS:
112
113 BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95;THENCE SOUTH
114 00°00'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF
115 SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66;
116 THENCE NORTH 88°46'20" WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF
117 SAID SE 1st AVENUE,ALSO BEING THE NORTH LINE OF SAID LOTS 66,65,AND
118 9,FOR 174.99 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH
119 FEDERAL HIGHWAY(US HIGHWAY NO. 1); THENCE NORTH 00°00'00" WEST
12 0 ALONG SAID EAST RIGHT-OF-WAY,LYING 25.00 FEET WEST OF AND
121 PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT
12 2 9 FOR 45.01 FEET;THENCE SOUTH 88°46'20"EAST ALONG THE NORTH RIGHT-
12 3 OF-WAY LINE OF SAID SE 1st AVENUE,ALSO BEING THE SOUTH LINE OF SAID
12 4 LOTS 8,96,AND 95,FOR 174.99 FEET TO THE POINT OF BEGINNING.
125
12 6 ALL OF SAID LANDS SITUATE,LYING AND BEING IN THE CITY OF BOYNTON
12 7 BEACH,PALM BEACH COUNTY,FLORIDA AND CONTAINING 120,347 SQUARE
12 8 FEET,(2.7628 ACRES),MORE OR LESS.
129
130
131 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
13 2 accordingly.
13 3 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
13 4 Section 5. Should any section or provision of this Ordinance or any portion thereof be
135 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
13 6 remainder of this Ordinance.
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137 Section 6. This ordinance shall become effective immediately upon passage.
138 FIRST READING this 5 day of January, 2021.
139 SECOND, FINAL READING and PASSAGE this \°, day of January, 2021.
14 0 CITY OF BOYNTON BEACH, FLORIDA
141 YES NO
142
143 Mayor—Steven B. Grant ✓
144
145 Vice Mayor—Ty Penserga ✓
146
147 Commissioner—Justin Katz
148
149 Commissioner—Woodrow L. Hay
150
151 Commissioner—Christina L. Romelus
152
153 VOTE 5 '�
154 ATTEST:
155
156
157 � � if AL" w�(%� _ /
15 8 J�rystal Gibson MC
15 g'L) City Clerk
160
161
162 (Corporate Seal)
•
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