05-070
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1 ORDINANCE NO. 05-()10
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3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE LAND USE ELEMENT
6 OF THE COMPREHENSIVE PLAN FOR A PARCEL
7 OWNED BY HHC BOYNTON, LLC, MICHAEL H.
8 HOPLAMAZIAN AND DAVID J. CONTI, AND
9 LOCATED AT 3010 SOUTH FEDERAL HIGHWAY
10 (EAST SIDE OF FEDERAL HIGHWAY
11 APPROXIMATELY 400' SOUTH OF OLD DIXIE
12 HIGHWAY); CHANGING THE LAND USE
13 DESIGNATION FROM LOW DENSITY RESIDENTIAL
14 (LDR), MODERATE DENSITY RESIDENTIAL (MoDR)
15 AND HIGH DENSITY RESIDENTIAL (HDR) TO
16 SPECIAL HIGH DENSITY RESIDENTIAL (SHDR);
1 7 PROVIDING FOR CONFLICTS, SEVERABILITY, AND
18 AN EFFECTIVE DATE.
19
20 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
21 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
22 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
23 Comprehensive Planning Act; and
24 WHEREAS, the procedure for amendment of a Future Land Use Element of a
25 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
26 WHEREAS, after two (2) public hearings the City Commission acting in its dual
27 capacity as Local Planning Agency and City Commission finds that the amendment
28 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
29 the best interest of the inhabitants of said City to amend the aforesaid Element of the
3 0 Comprehensive Plan as provided.
31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
32 CITY OF BOYNTON BEACH, FLORIDA, THAT:
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1 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
2 herein by this reference.
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
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4 following:
5 That the Future Land Use of the following described land located at 3010 South
6 Federal Highway (East Side of Federal Highway approximately 400' south of Old Dixie
7 Highway) in Boynton Beach, Florida shall be changed from Low Density Residential (LDR),
8 Moderate Density Residential (MoDR) and High Density Residential (HDR) and shall now be
9 designated as Special High Density Residential (SHDR):
10 See Legal Description Attached Hereto as Exhibit "A"
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12 Subject to easements, restrictions, reservation and rights of way of record.
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15 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe
16 Future Land Use Plan shall be amended accordingly.
1 7 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
18 Section 5: Should any section or provision of this Ordinance or any portion thereof be
19 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
20 remainder of this Ordinance.
21 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
22 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
23 Land Development Regulation Act. No party shall be vested of any right by virtue of the
24 adoption of this Ordinance until all statutory required review is complete and all legal challenges,
25 including appeals, are exhausted. In the event that the effective date is established by state law or
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1 special act, the provisions of state act shall control.
2 FIRST READING this --b- day of ])e~M bear , 2005.
3 SECOND, FINAL READING and PASSAGE this ~ day of ~ ' 200'.
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CITY OF BOYNTON BEACH, FLORIDA
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17:Zy C
Commissioner ~
ATTEST:
m./1,~
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THAT PORTION OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF A LINE 76.1 FEET SOUTH OF AND PARALLEL TO
THE NORTH LINE OF SAID SECTION 4 WITH THE WEST RIGHT OF WAY LINE OF THE
INTRACOASTAL WATERWAY AS SHOWN IN PLAT BOOK 17, PAGE 14A, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA; THENCE S. 89018'46" W., ALONG SAID PARALLEL
LINE, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING; THENCE N. 5026'06"E.,
PARALLEL WITH THE SAID WEST RIGHT OF WAY LINE OF THE INTRACOASTAL
WATERWAY, A DISTANCE OF 15.00 FEET TO A POINT ON A LINE 61.2 FEET SOUTH AND
PARALLEL TO THE NORTH LINE OF SAID SECTION 4; THENCE S. 89018'46"W., ALONG SAID
PARALLEL LINE, A DISTANCE OF 522.90 FEET TO A POINT ON THE EAST RIGHT OF WAY
LINE OF U.S. NO.1 (STATE ROAD NO.5) AS NOW LAID OUT AND IN USE, SAID POINT ALSO
BEING A POINT ON A CURVE CONCAVE TO THE WEST WHOSE RADIAL LINE BEARS N.
79005 '35"W., AND HAVING A CENTRAL ANGLE OF 2017' 13" AND A RADIUS OF 5762.65 FEET;
THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 230.00 FEET;
THENCE S. 76027' 18"E., A DISTANCE OF 150.00 FEET; THENCE N. 11016'09" E., A DISTANCE
OF 13.95 FEET TO A POINT ON A LINE 308.76 FEET SOUTH OF AND PARALLEL TO THE
NORTH LINE OF SAID SECTION 4; THENCE N 89018'46" E., ALONG SAID PARALLEL LINE, A
DISTANCE 167.77 FEET THENCE N. 0041'14" W., A DISTANCE OF 118.82 FEET; THENCE N.
89018'46" E., A DISTANCE OF 94.75 FEET; THENCE S. 5026'06"W., PARALLEL TO THE SAID
WEST RIGHT OF WAY LINE OF THE INTRACOASTAL WATERWAY, A DISTANCE OF 25.00
FEET; THENCE N 89018'46" E., A DISTANCE OF 300.00 FEET TO A POINT ON THE SAID WEST
RIGHT OF WAY LINE OF THE INTRACOASTAL WATERWAY; THENCE N. 5026'06"E., ALONG
SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 50.00 FEET; THENCE S. 89018'46" W., A
DISTANCE OF 150.00 FEET; THENCE N. 17037'16" E., A DISTANCE OF 29.30 FEET; THENCE N.
10012'26"W., A DISTANCE OF 36.00 FEET; THENCE N. 13005'10" E., A DISTANCE OF 26.43
FEET TO THE POINT OF BEGINNING.
CONTAINING 2.6432 ACRES MORE OR LESS.
Exhibit "A"