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23-005 1 ORDINANCE NO. 23-005 2 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 THE PIERCE 6 FROM CBD (CENTRAL BUSINESS DISTRICT) TO MU-C (MIXED-USE 7 CORE); PROVIDING FOR CONFLICTS,SEVERABILITY,AND AN EFFECTIVE 8 DATE. 9 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,the applicant has requested to rezone the parcels to Mixed Use-Core (MU- 13 C), a zoning designation corresponding to the MXH future land use classification and carrying 14 that classification's maximum density of 80 dwelling units per acre (du/ac); 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 2 3 herein by this reference. 24 Section 2. The land herein described be and the same is hereby rezoned from CBD 25 (Central Business District) to MU-C (Mixed Use-Core). A location map is attached hereto as 2 6 Exhibit "A" and made a part of this Ordinance by reference. 27 PROPERTY 1: 28 Address: 508 E BOYNTON BEACH BLVD 2 9 PCN: 08434528030010060 30 31 Legal Description: Lots 6 and 7, Block 1, Original Town of Boynton, according to the 32 map or plat thereof as recorded in Plat Book 1, Page 23, Public Records of Palm 33 Beach County, Florida. 34 35 S:1CA\Ordinances\Planning\RezoningVThe Pierce-Rezone-Ordinance.Docx 36 PROPERTY 2: 37 Address: NE 4th St. 38 PCN: 08434528030010080 39 40 Legal Description: Lots 8 and 9, Block 1, TOWN OF BOYNTON, according to the 41 map or plat thereof as recorded in Plat Book 1, Page 23, of the Public Records of 42 Palm Beach County, Florida. 43 44 PROPERTIES 3 and 4 (share a legal description) 45 Address: NE 1st Ave 46 PCN: 08434528030010100 47 48 Legal Description: 1, 2, 3, 4, 5, 6, and 7, Block 6, Original Town of Boynton, a 49 subdivision of the City of Boynton Beach, Florida according to the Plat thereof in 50 the Office of the Clerk of the Circuit Court, recorded in Plat Book 1, Page 23, 51 excepting therefrom the North 5' of Lots 5 and 7 and the West 5' of Lot 7, and 52 existing right-of-way for U.S. Highway#1 and Lots 10, 11, and West 1/2 of Lot 12, 53 Block 1, Original Town of Boynton, a subdivision of the City of Boynton Beach, 54 Florida according to the Plat thereof in the Office of the Clerk of the Circuit Court, 55 recorded in Plat Book 1, Page 23, Public Records of Palm Beach County, Florida. 56 57 Address: 115 N Federal Hwy 5 8 PCN: 08434528030060010 59 60 Legal Description: 1, 2, 3, 4, 5, 6, and 7, Block 6, Original Town of Boynton, a 61 subdivision of the City of Boynton Beach, Florida according to the Plat thereof in 62 the Office of the Clerk of the Circuit Court, recorded in Plat Book 1, Page 23, 63 excepting therefrom the North 5' of Lots 5 and 7 and the West 5' of Lot 7, and 64 existing right-of-way for U.S. Highway#1 and Lots 10, 11, and West 1/2 of Lot 12, 65 Block 1, Original Town of Boynton, a subdivision of the City of Boynton Beach, 66 Florida according to the Plat thereof in the Office of the Clerk of the Circuit Court, 67 recorded in Plat Book 1, Page 23, Public Records of Palm Beach County, Florida. 68 69 PROPERTIES 5, 6, and 7 (share a legal description): 70 Address: 511 E Ocean Ave 71 PCN: 08434528030060100 72 73 PARCEL 1: 74 Lot 10, Less the South 8 feet thereof, and the West 7 feet 8 inches of Lot 11, Less 75 the South 8 feet thereof, Block 6, Boynton, according to the plat thereof, as 7 6 recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach County, 77 Florida. 78 79 PARCEL 2: 2 S:\CA\Ordinances\Planning\Rezoning\The Pierce-Rezone-Ordinance.Docx 80 The East 42 feet 4 inches of Lot 11, Less the South 8 feet thereof, in Block 6, 81 Boynton, according to the plat thereof, as recorded in Plat Book 1, Page 23, of the 82 Public Records of Palm Beach County, Florida. 83 84 PARCEL 3: 85 Lot 12, Block 6, Original Town of Boynton, according to the plat thereof, as 86 recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach County, 87 Florida. 88 8 9 Address: 515 E Ocean Ave 90 PCN: 08434528030060111 91 Legal Description: 92 PARCEL 1: 93 Lot 10, Less the South 8 feet thereof, and the West 7 feet 8 inches of Lot 11, Less 94 the South 8 feet thereof, Block 6, Boynton, according to the plat thereof, as 95 recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach County, 96 Florida. 97 98 PARCEL 2: 99 The East 42 feet 4 inches of Lot 11, Less the South 8 feet thereof, in Block 6, 100 Boynton, according to the plat thereof, as recorded in Plat Book 1, Page 23, of the 101 Public Records of Palm Beach County, Florida. 102 103 PARCEL 3: 104 Lot 12, Block 6, Original Town of Boynton, according to the plat thereof, as 105 recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach County, 106 Florida. 107 108 Address: 529 E Ocean Ave 10 9 PCN: 08434528030060120 110 Legal Description: 111 PARCEL 1: 112 Lot 10, Less the South 8 feet thereof, and the West 7 feet 8 inches of Lot 11, Less 113 the South 8 feet thereof, Block 6, Boynton, according to the plat thereof, as 114 recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach County, 115 Florida. 116 117 PARCEL 2: 118 The East 42 feet 4 inches of Lot 11, Less the South 8 feet thereof, in Block 6, 119 Boynton, according to the plat thereof, as recorded in Plat Book 1, Page 23, of the 120 Public Records of Palm Beach County, Florida. 121 122 PARCEL 3: 123 Lot 12, Block 6, Original Town of Boynton, according to the plat thereof, as 3 S:\CA\Ordinances\Planning\Rezoning\The Pierce-Rezone-Ordinance.Docx 124 recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach County, 125 Florida. 126 127 128 PROPERTY 8: 129 Address: 101 N Federal Hwy 130 PCN: 08434528030060130 131 Legal Description: 132 133 TRACT 1: 134 All of the North 58.25 feet of Lot 14 and all of the East 9 feet of the North 58.25 135 feet of Lot 13, Block 6 original townsite of Boynton, Florida, according to a plat 136 thereof on file in Plat Book 1, Page 23, Palm Beach County, Florida public records, 137 and also according to the attached sketch of Lot 14 and East 9 feet of Lot 13, Block 138 6, original townsite of Boynton, Florida, surveyed and prepared by George S. 139 Brockway, Engineer, under date of December, 1939, and marked on said sketch as 140 "Tract 1"; also 191 192 TRACT 2: 193 All of the South 68 feet of Lot 14 and the East 9 feet of South 68 feet of Lot 13, 144 Block 6, original townsite of Boynton, Florida, according to a plat thereof on file in 145 Plat Book 1, Page 23, Palm Beach County, Florida public records, and also 146 according to the attached sketch of Lot 14 and East 9 feet of Lot 13, Block 6, 197 original townsite of Boynton, Florida, surveyed and prepared by George S. 148 Brockway, Engineer, under date of December 1939, and marked on said sketch as 149 "Tract 2". 150 151 TRACT 3: 152 West 41 feet of Lot 13 in Block 6 of the Town of Boynton, Palm Beach County, 153 Florida, according to the plat thereof on file in the office of the Clerk of the Circuit 154 Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 23. 155 LESS AND EXCEPT 156 The East 10 feet of Lot 14 and the South 8 feet, less the East 10 feet thereof, of Lot 157 14, Block 6, Original Town of Boynton, according to the plat thereof as recorded in 158 Plat Book 1 at Page 23 of the Public Records of Palm Beach County, Florida; being 159 in Section 28, Township 45 South, Range 43 East. 160 And 161 That part of the aforementioned Lot 14, Block 6 of Original Town of Boynton, which 162 is included in the external area formed by a 12 foot radius arc tangent to a line 8 163 feet North of and parallel to the South line of said Lot 14 and tangent to a line 10 164 feet West of and parallel to the East line of said Lot 14; subject to the existing right- 165 of-way for Ocean Avenue. 166 167 4 S:\CA\Ordinances\Planning\Rezoning\The Pierce-Rezone-Ordinance.Docx 168 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 169 accordingly. 170 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 171 Section 5. Should any section or provision of this Ordinance or any portion thereof be 172 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 173 remainder of this Ordinance. 174 Section 6. This ordinance shall become effective immediately upon passage. 175 FIRST READING this 21st day of February, 2023.( 176 SECOND, FINAL READING and PASSAGE this "l day of March, 2023. 177 CITY OF BOYNTON BEACH, FLORIDA 178 YES NO 179 / 180 Mayor—Ty Penserga l/ 181 C, 182 Vice Mayor—Angela Cruz 183 184 Commissioner—Woodrow L. Hay 185 186 Commissioner—Thomas Turkin 187 188 Commissioner—Aimee Kelley 189 190 VOTE `sv 19 AT E`T: 194 193 l.. 194 Mayle: � - -sus, M' MMC Ty Pe j r•:— 195 City CI: k May" 196 =NEON BF5 `"‘. 197 ; Oy.oRg• TE ••.y l . •p•.s ii . 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