21-0291 ORDINANCE NO. 21- 029
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3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND
5 DESCRIBED HEREIN AND COMMONLY REFERRED TO AS CLM
6 APARTMENTS FROM MULTI -FAMILY RESIDENTIAL (R-3) TO (IPUD)
7 INFILL PLANNED -UNIT DEVELOPMENT; PROVIDING FOR CONFLICTS,
8 SEVERABILITY, AND AN EFFECTIVE DATE.
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10 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
11 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
12 WHEREAS, CLM Capital, LLC., has made application to rezone land, said land being
13 more particularly described hereinafter, from (R-3) Multi -Family Residential to (IPUD) Infill
14 Planned -Unity Development; and
15 WHEREAS, the City Commission conducted public hearings as required by law and
16 heard testimony and received evidence which the Commission finds supports a rezoning for
17 the property hereinafter described; and
18 WHEREAS, the City Commission deems it in the best interests of the inhabitants of said
19 City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
21 BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. The foregoing Whereas clauses are true and correct and incorporated
23 herein by this reference.
24 Section 2. The land herein described be and the same is hereby rezoned from (R-3)
25 Multi -Family Residential to (IPUD) Infill Planned -Unity Development. A location map is attached
26 hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal Description:
27 PARCEL'A'
28 LOTS 8, 9, 10, 11, 12 AND 13, SUNNY OAKS ADDITION, ACCORDING TO THE MAP OR
29 PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 10 OF THE PUBLIC RECORDS
30 OF PALM BEACH COUNTY, FLORIDA.
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32 CONTAINING 34,154 SQ FEET, 0.78 ACRES, MORE OR LESS.
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36 PARCEL'B'
37 TOGETHER WITH THE NORTH 1/2 OF LOT 14, SUNNY OAKS ADDITION, ACCORDING
38 TO THE PLAT OR MAP THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 10 OF THE
39 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
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41 LESS AND EXCEPT THE FOLLOWING PORTION OF THE NORTH 1/2 OF LOT 14 HEREIN
42 DESCRIBES AS FOLLOWS:
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44 BEGINNING AT THE NORTHWEST CORNER OF THE AFORESAID LOT 14, THENCE
45 SOUTHERLY ALONG THE EAST LINE OF LOT 14, A DISTANCE OF 57.21 FEET, TO
46 SOUTHEAST CORNER OF LOT 14; THENCE, FORMING AN ANGLE FROM NORTH TO
47 WEST OF 89022'15" ALONG THE SOUTH LINE OF LOT 14 FOR A DISTANCE OF 24.43
48 FEET TO A POINT ON THE SOUTH LINE OF LOT 14, SAID POINT BEING THE NORTHEAST
49 CORNER OF LOT 31 CREST VIEW, AS RECORDED IN PLAT BOOK 23, PAGE 154, OF THE
50 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE, FORMING AN ANGLE
51 FROM THE WEST TO NORTH EAST OF 112035'27" FOR A DISTANCE OF 61.95 FEET TO
52 THE POINT OF BEGINING.
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54 CONTAINING 6300 SQ FEET, 0.14 ACRES, MORE OR LESS.
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56 PARCEL 'C'
57 LOT 31, CREST VIEW, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE OFFICE
58 OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA,
59 RECORDED IN PLAT BOOK 23, PAGE 154.
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61 CONTAINING 7984 SQ FEET, 0.18 ACRES, MORE OR LESS.
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63 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
64 accordingly.
65 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
66 Section 5. Should any section or provision of this Ordinance or any portion thereof be
67 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
68 remainder of this Ordinance.
69 Section 6. This ordinance shall become effective immediately upon passage.
70 FIRST READING this 16th day of November, 2021.
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73 SECOND, FINAL READING and PASSAGE this 7th day of December, 2021.
74 CITY OF BOYNTON BEACH, FLORIDA
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Mayor - Steven B. Grant
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Vice Mayor -Woodrow L. Hay
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Commissioner -Justin Katz
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Commissioner -Christina L. Romelus
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Commissioner - Ty Penserga
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88 ATTEST:
89 C
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crystal Gibso , C
92 City Clerk
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94 (Corporate Seal)
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VOTE
YES NO