03-032 ORDINANCE NO. 03- O B,g,'
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH,
FLORIDA, REGARDING THE APPLICATION
OF BEACHSIDE AT BOYNTON/GOCO, INC.,
AMENDING ORDINANCE 02-013 OF SAD
CITY BY REZONING A PARCEL OF LAND
MORE PARTICULARLY DESCRIBED HEREIN,
FROM COMMUNITY COMMERCIAL (C-3) TO
MIXED USE-LOW INTENSITY (MU-L);
PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTWE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
WHEREAS, Gulfstream Lumber Company, as owner of the property more
particularly described hereinafter, for the project known as Beachside at Boynton/Goco,
Inc., has heretofore filed a Petition, through its agent, Siemon and Larsen, P.A., pursuant
to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach,
Florida, for the purpose of rezoning a parcel of land consisting of approximately + 14.64
acres, said land being more particularly described hereinafter, from Community
Commercial (C-3) to Mixed Use-Low Intensity (MU-L); and
WHEREAS, the City Commission conducted a public heating and heard
testimony and received evidence which the Commission finds supports a rezoning for the
property hereinafter described; and
WHEREAS, the City Commission finds that the proposed rezoning is consistent
with an amendment to the Land Use which was contemporaneously considered and
approved at the public heating heretofore referenced; and
WHEREAS, the City Commission deems it in the best interests of the
S:\CA\Ordinances\Planning~Rezonin~\Rezonin~ _ - Beachside.doc
inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set
forth.
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. The following described land, located in the City of Boynton
Beach, Florida as set forth as follows:
PARCEL CONTROL NUMBERS
08-43-45-28-00-000-5090 08-43-45-28-00-000-5100 08-43-45-28-01-000-0060
08-43-45-28-01-000-0121 08-43-45-28-01-000-0130 08-43-45-28-01-000-0140
08-43-45-28-01-000-0150 08-43-45-28-01-000-0160 08-43-45-28-01-000-0170
08-43-45-28-01-000-0190 08-43-45-28-01-000-0200 08-43-45-28-01-000-0240
08-43-45-28-01-000-0260 08-43-45-28-01-000-0270 08-43-45-28-01-000-0290
PARCEL 1:
A TRACT OF LAND IN SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS,
TO-WIT: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION 28
(BEING ON WOOLBRIGHT ROAD) SAD POINT BEING 229.50 FEET WESTERLY
FROM, MEASURED ALONG THE SOUTH LINE OF SAD SECTION 28, THE
WESTERLY LINE OF U.S. HIGHWAY NO. 1, THENCE NORTHERLY AT AN ANGLE
WITH THE PRECEDING COURSE OF 89°43'30", MEASURED FROM EAST TO
NORTH, A DISTANCE OF 165.0 FEET; THENCE EASTERLY PARALLEL TO THE
SOUTH LINE OF SAD SECTION 28, A DISTANCE OF 41.03 FEET; THENCE
NORTHERLY AT AN ANGLE WITH THE PRECEDING COURSE OF 90°16'50",
MEASURED FROM WEST TO NORTH, A DISTANCE OF 221.13 FEET; THENCE
WESTERLY PARALLEL TO THE SOUTH LINE OF CENTRAL PARK, A
SUBDIVISION OF BOYNTON BEACH, PLAT OF WHICH IS RECORDED IN PLAT
BOOK 12, PAGE 12, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A
DISTANCE OF 100 FEET; THENCE NORTHERLY AT AN ANGLE WITH THE
PRECEDING COURSE 89°55'30'', MEASURED FROM EAST TO NORTH, A DISTANCE
OF 264.0 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID CENTRAL PARK,
THENCE WESTERLY ALONG THE SOUTH LINE OF SAID CENTRAL PARK, A
S: \CA\0rdinances\Planning\Rezoning\Rezonin9 _ _ Beachside.doc
DISTANCE OF 490.26 FEET; MORE OR LESS, TO THE EASTERLY RIGHT OF WAY
OF THE FLORIDA EAST COAST RAILWAY RIGHT OF WAY; THENCE SOUTHERLY
ALONG THE EASTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST
RAILWAY, A DISTANCE OF 660.80 FEET, MORE OR LESS, TO THE SOUTH LINE OF
SAID SECTION 28; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID
SECTION 28, A DISTANCE OF 643.40 FEET; MORE OR LESS, TO THE POINT OF
BEGINNING, LESS THE RIGHT OF WAY FOR WOOLBRIGHT ROAD AS SHOWN IN
ROAD PLAT BOOK 5, PAGE 121, PUBLIC RECORDS OF PALM EEACH COUNTY,
FLORIDA.
PARCEL 2:
THE WEST 100 FEET OF THE SOUTH 68 FEET OF THAT CERTAIN TRACT OF
LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF THE
COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY) ON THE NORTH LINE OF
THE SOUTH OF THE SOUTHEAST OF THE SOUTHEAST OF SECTION 28,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA,
THENCE WEST 311.5 FEET TO A STAKE; THENCE SOUTH 264 FEET TO A STAKE;
THENCE EAST 328.5 FEET TO THE CENTER OF THE COUNTRY ROCK ROAD
(NOW FEDERAL HIGHWAY) THENCE NORTH ALONG CENTER OF THE COUNTRY
ROCK ROAD (NOW FEDERAL HIGHWAY) TO THE POINT OF BEGINNING.
PARCEL 3:
A PARCEL OF LAND IN THE SOUTHEAST OF SECTION 28, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH
LINE OF SAID SECTION 28, AND WESTERLY RIGHT OF WAY OF U.S. HIGHWAY
NO. 1 AS LAID OUT AND IN USE; THENCE NORTHERLY ALONG SAID WEST
RIGHT OF WAY LINE, A DISTANCE OF 165.05 FEET TO A CONCRETE MONUMENT
MARKING THE SOUTHEAST CORNER OF THE TRACT OF LAND TO BE HEREIN
CONVEYED, THENCE CONTINUING ALONG SAD WEST RIGHT OF WAY LINE A
DISTANCE OF 289.81 FEET MORE OR LESS TO A POINT WHICH IS 196 FEET
SOUTH OF, MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF CENTRAL
PARK, A SUBDIVISION RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE WESTERLY AND
PARALLEL WITH THE SAD SOUTH LINE OF CENTRAL PARK, A DISTANCE OF
196.74 FEET; THENCE SOUTHERLY AT AN ANGLE OF 90004'30'' MEASURED FROM
EAST TO SOUTH, A DISTANCE OF 289.13 FEET MORE OR LESS, TO A POINT
WHICH IS 165 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 28; THENCE
EASTERLY AND PARALLEL WITH SAD SOUTH LINE OF SECTION 28, A
DISTANCE OF 191.47 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, LESS
THE RIGHT OF WAY FOR U.S. HIGHWAY NO. 1 AS SHOWN IN ROAD PLAT BOOK
3, PAGE 11, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
S:\CA~Ordinances\Planning\Rezoning\Rezoning - - Beachside.doc
PARCEL 4:
COMMENCING AT THE CENTER OF COUNTRY ROCK ROAD (NOW FEDERAL
HIGHWAY) ON THE NORTH LINE OF THE SOUTH OF THE SOUTHEAST OF THE
SOUTHEAST OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, WHICH POINT IS 347 FEET WEST OF THE EAST LINE
OF SAID SECTION 28; THENCE WEST 331.5 FEET TO A STAKE; THENCE SOUTH
264 FEET TO A STAKE; THENCE EAST 328.5 FEET TO THE CENTER OF COUNTRY
ROCK ROAD (NOW FEDERAL HIGHWAY); THENCE NORTH ALONG CENTER OF
THE COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY) TO THE POINT OF
BEGINNING, LESS THE SOUTH 68 FEET THEREOF, LESS THE RIGHY OF WAY FOR
FEDERAL HIGHWAY AS SHOWN IN ROAD PLAT BOOK 3, PAGE 11, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
PARCEL 5:
COMMENCING AT THE DIXIE HIGHWAY AT THE CROSSING OF THE SOUTH
SECTION LINE OF SECTION 28; AND RUNNING NORTH ALONG THE COUNTRY
ROAD 165 FEET; WEST 265.5 FEET; THENCE SOUTH 165 FEET; THENCE EAST
262.5 FEET TO THE POINT OF BEGINNING (LESS SOUTH 30 FEET THEREOF AS
CONVEYED IN DEED RECORDED IN DEED BOOK 1037, PAGE 673) ALL BEING IN
SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, LESS AND NOT INCLUDING:
THE RIGHT OF WAY FOR STATE ROAD 5 (U.S. HIGHWAY NO. 1) AS SHOWN IN
ROAD PLAT 3, PAGE 11, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AND THE RIGHT OF WAY FOR WOOLBRIGHT ROAD (S.E. 15TH AVENUE) AS
SHOWN IN ROAD PLAT BOOK 5, PAGE 121, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
PARCEL 6:
LOT 6, LESS EXISTING RIGHT OF WAY FOR U.S. HIGHWAY NO. 1, AND THE EAST
50 FEET OF LOT 13, CENTRAL PARK, ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
PARCEL 7:
LOT 12, LESS THE EAST 50 FEET THEREOF AND LOT 13, LESS THE EAST 50 FEET
THEREOF OF CENTRAL PARK, AN ADDITION TO THE TOWN OF BOYNTON
BEACH, FLORIDA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED
IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
LESS AND EXCEPT THE FOLLOWING:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 12, RUNNING EAST
S:\CA\Ordinances\Plannin~\Rezonin~\Rezonin~ _ _ Beachside.doc
ON THE NORTH LINE OF LOT 12, 105 FEET TO A POINT; THENCE RUNN1NG
SOUTH AT RIGHT ANGLES 5 FEET THENCE RUNNING WESTERLY PARALLEL TO
THE NORTH LINE OF SAID LOT 12 TO THE WEST LINE OF LOT 12, NORTHERLY
ON THE WEST LINE OF LOT 12, TO THE POINT OF BEGINNING.
PARCEL 8:
LOTS 14 THROUGH 29, INCLUSWE, CENTRAL PARK, ACCORDING TO THE MAP
OR PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THE
APPARENTLY ABANDONED ROAD RIGHT OF WAY FOR S.E. 2ND STREET LYING
WEST OF AND ADJACENT TO LOTS 20 THROUGH 23, INCLUSIVE, OF SAID PLAT
OF CENTRAL PARK.
and the same is hereby rezoned from Community Commercial (C-3) to MU-L Mixed Use-
Low Intensity. A location map is attached hereto as Exhibit "A" and made a part of this
Ordinance by reference.
Section 3: That the aforesaid Revised Zoning Map of the City shall be amended
accordingly.
Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 6: Should any section or provision of this Ordinance or any portion thereof
by a court of competent jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 7. This ordinance shall become effective immediately upon passage.
FIRST READING this ~:~ day of ,-.J t&n ~. ,2003.
S:\CA\Ordinances\Plannin~\Rezonin~\Rezonin~ - - Beachside.doc
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
S:~CA\Ordinances\Planning\Rezoning\Rezoning - - Beachside.doc
I_o¢~tio~ Map
GULFSTREAM LUMBER/BEACHSIDE AT BOYNTON
'"~"~SNUG~ HAR~OR OR
G2
WOO~RIGHT RD / SE 1~ AVE
~ ~ C3