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
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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:
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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
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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
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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
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194 Mayle: � - -sus, M' MMC Ty Pe j r•:—
195 City CI: k May"
196 =NEON BF5
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197 ; Oy.oRg•
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198 (Corporate Seal) ;04 :v cs,
199 >- $� ock0 •
200 (3) �� Michael D. Cirullo,Jr.
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201 ..•••••..•'gyp City Attorney
202 1", FVa
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