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05-071 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 . . ORDINANCE NO. 05- 01/ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF HHC BOYNTON, LLC, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED AT 3010 SOUTH FEDERAL HIGHWAY (EAST SIDE OF FEDERAL HIGHWAY APPROXIMATELY 400' SOUTH OF OLD DIXIE HIGHWAY), AS MORE FULLY DESCRIBED HEREIN, FROM SINGLE FAMILY RESIDENTIAL (R-l-AA) AND PLANNED UNIT DEVELOPMENT (PUD) TO INFILL PLANNED UNIT DEVELOPMENT (IPUD); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 19 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 20 WHEREAS, HHC Boynton, LLC, Michael H. Hoplamazian and David J. Conti, 21 owners of the property located at 3010 South Federal Highway (East Side of Federal Highway 22 approximately 400' south of Old Dixie Highway) in Boynton Beach, Florida, as more 23 particularly described herein, has filed a Petition, through its agent, Carlos Balbe, pursuant to 24 Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, 25 for the purpose of rezoning a parcel of land, said land being more particularly described 26 hereinafter, from Single Family Residential (R-1-AA) and Planned Unit Development (PUD) 27 to Infill Planned Unit Development (IPUD); and 28 WHEREAS, the City Commission conducted a public hearing and heard testimony 29 and received evidence which the Commission finds supports a rezoning for the property 30 hereinafter described; and 31 WHEREAS, the City Commission finds that the proposed rezoning is consistent with S:\CA\Ordinances\Planning\Rezoning\Rezoning - Estancia.doc II 1 an amendment to the Land Use which was contemporaneously considered and approved at the 2 public hearing heretofore referenced; and 3 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 4 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 7 Section 1. The foregoing Whereas clauses are true and correct and incorporated 8 herein by this reference. 9 Section 2. The following described land at 3010 South Federal Highway (East Side 10 of Federal Highway approximately 400' south of Old Dixie Highway) in the City of Boynton 11 Beach, Florida, as set forth as follows: 12 See Legal Description Attached hereto as Exhibit "A". 13 14 15 be and the same is hereby rezoned from Single Family Residential (R-1-AA) and Planned Unit 16 Development (PUD) to Infill Planned Unit Development (IPUD). A location map is attached 17 hereto as Exhibit "B" and made a part of this Ordinance by reference. 18 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 19 accordingly. 20 Section 4. All ordinances or parts of ordinances III conflict herewith are hereby 21 repealed. 22 Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 23 241 remainder of this Ordinance. S:\CA \Ordinances\Planning\Rezoning\Rezoning - Estancia.doc 1 Section 6. This ordinance shall become effective immediately upon passage. 2 FIRST READING this ~ day of l)e.eeMte. ,2005. SECOND, FINAL READING and PASSAGE this ~ day of ~~ ' 20<6. CITY OF B~ACH, FLORIDA /AJ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 2 24 25 (' ATTEST: Commissioner ~ (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Rezoning - Estancia.doc THAT PORTION OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, DESCRIDED 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. 100 12'26"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" LOCATION MAP Estancia at Boynton Beach (f.k.a. Dakota Lofts) LUAR 05-009 Exhibit 8 City Limits 160 80 o N 100 F~ A The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.n.us www.boynton-beach.org January 9, 2006 DIRECTOR PALM BEACH COUNTY PLANNING DIVISION 100 AUSTRALIAN AVENUE WEST PALM BEACH FL 33406 RE: ORDINANCE 05-071 - Application of HHC Boynton, LLC, amending Ordinance 02-013 to rezone a parcel of land located at 3010 South Federal Highway (East side of Federal Highway approximately 400' south of Old Dixie Highway) from Single-Family Residential (R-1-AA) and Planned Unit Development (PUD) to Infill Planned Unit Development (IPUD) Dear Sir: Attached for your information and files are copies of the above-mentioned ordinance that rezones the land described in the ordinance. The City Commission adopted this ordinance on January 3, 2006. If you have any questions concerning these ordinances, please do not hesitate to contact me. Sincerely, CITY OF BOYNTON BEACH Attachments S:\CC\WP\Rezoning\rezoning form merge letter - Ordinance 05-071 - 01-03-06.doc America's Gateway to the Gulfstream The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org January 9, 2006 MS. ELOISE HUNT, SUPV. PBC PROPERTY APPRAISER'S OFFICE 301 NO. OLIVE AVENUE, 5TH FLOOR, GEO PROCESSING WEST PALM BEACH FL 33402 RE: ORDINANCE 05-071 - Application of HHC Boynton, LLC, amending Ordinance 02-013 to rezone a parcel of land located at 3010 South Federal Highway (East side of Federal Highway approximately 400' south of Old Dixie Highway) from Single-Family Residential (R-1-AA) and Planned Unit Development (PUD) to Infill Planned Unit Development (IPUD) Dear Ms. Hunt: Attached for your information and files are copies of the above-mentioned ordinance that rezones the land described in the ordinance. The City Commission adopted this ordinance on January 3, 2006. If you have any questions concerning these ordinances, please do not hesitate to contact me. Sincerely, CITY OF BOYNTON BEACH Y'n.~ t M. Prainito, CMC Clerk Attachments S:\CC\WP\Rezoning\rezoning form merge letter - Ordinance 05-071 - 01-03-06.doc America's Gateway to the Gulfstream The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org January 9, 2006 MR. MARK ADLER, 911 SPECIALIST EMERGENCY MEDICAL SERVICES 20 S. MILITARY TRAIL WEST PALM BEACH FL 33415 RE: ORDINANCE 05-071 - Application of HHC Boynton, LLC, amending Ordinance 02-013 to rezone a parcel of land located at 3010 South Federal Highway (East side of Federal Highway approximately 400' south of Old Dixie Highway) from Single-Family Residential (R-1-AA) and Planned Unit Development (PUD) to Infill Planned Unit Development (IPUD) Dear Mr. Adler: Attached for your information and files are copies of the above-mentioned ordinance that rezones the land described in the ordinance. The City Commission adopted this ordinance on January 3, 2006. If you have any questions concerning these ordinances, please do not hesitate to contact me. Sincerely, CITY OF BOYNTON BEACH Attachments S:\CC\WP\Rezoning\rezoning form merge letter - Ordinance 05-071 - 01-03-06.doc America's Gateway to the Gulfstream