06-043
II
1 ORDINANCE NO. 06- tY/3
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF HARBOR CAY, LLC,
6 AMENDING ORDINANCE 02-013 TO REZONE A
7 PARCEL OF LAND LOCATED ON THE EAST
8 SIDE OF FEDERAL HIGHWAY,
9 APPROXIMATELY 160 FEET NORTH OF
10 GATEWAY BOULEVARD, AS MORE FULLY
11 DESCRIBED HEREIN, FROM COMMUNITY
12 COMMERCIAL (C-3) AND SINGLE FAMILY
13 RESIDENTIAL (R-l-AA) TO INFILL PLANNED
14 UNIT DEVELOPMENT (IPUD); PROVIDING FOR
15 CONFLICTS, SEVERABILITY, AND AN
16 EFFECTIVE DATE.
17
18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
19 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
2 0 and
21 WHEREAS, Harbor Cay, LLC, owners of the property located on the East side of
22 Federal Highway, approximately 160 feet North of Gateway Boulevard in Boynton Beach,
23 Florida, as more particularly described herein, has filed a Petition, through its agent, Ricahrd
24 K. Brooks, Jr., AlA, NCARB, pursuant to Section 9 of Appendix A-Zoning, of the Code of
25 Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel ofland, said
26 land being more particularly described hereinafter, from Community Commercial (C- 3) and
27 Single Family Residential (R-l-AA) 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
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1 an amendment to the Land Use which was contemporaneously considered and approved at
2 the 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 located on the East side of Federal
10 Highway, approximately 160 feet North of Gateway Boulevard in the City of Boynton Beach,
11 Florida, as set forth as follows:
12 A parcel of land in Sectionl5, Township 45 South, Range 43 East, City of
13 Boynton Beach, Palm Beach County, Florida, and being a part of Lots 2 and 3 of
14 Sam Brown Jr's Hypoluxo Subdivision according to the plat thereof, as recorded
15 in Plat Book I, Page 81, Public Records of Palm Beach County, Florida, and
16 being more particularly described as follows:
17
18 Begin at the intersection of the North line of said Lot 2 with the Easterly Right-of-
19 Way line of State Road No.5 (U.S. # I) as said Right-of- Way is shown on the
2 0 plat recorded in Road Plat Book 3, Pages 11-17 of Palm Beach County, Florida,
21 and also shown on the Florida State Road Department Right-of-Way Map Section
22 No. 93010-2501, Sheet 3 of7; thence S08'12'00"E along said East Right-of-Way
2 3 line for 258.54 feet to a point on the South line of said Lot 3; Thence
24 S89'13'55"E along the South line of said Lot 3 for 273.65 feet; Thence
2 5 NOO'14'05"E for 127.30 feet; Thence N89'45'55"W for 30.28 feet; Thence
2 6 N04 '23 '20"E for 5.35 feet to a found iron pipe approximately one foot below
2 7 existing grade of the asphalt road for Lakeside Harbor Drive, said pipe also being
28 on the common lot line of said lots 2 and 3; Thence continue N04'23'20"E for
2 9 124.27 feet to a point on the North line of said Lot 2; Thence N89'13'55"W along
30 said North line of Lot 2 for 216.93 feet to the Point of Beginning
31
3 2 Containing: 62,256 square feet or 1.429 acres more or less.
33
3 4 Subject to easements, restrictions, reservations and rights-of-way of
3 5 record.
36
37 be and the same is hereby rezoned from Community Commercial (C-3) and Single Family
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1 Residential (R-l-AA) to Infill Planned Unit Development (IPUD). A location map IS
2 attached hereto as Exhibit "A" and made a part of this Ordinance by reference.
3 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
4 accordingly.
5
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
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repealed.
7
Section 5. Should any section or provision of this Ordinance or any portion thereof
8
be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
9
the remainder of this Ordinance.
10
Section 6. This ordinance shall become effective immediately upon passage.
FIRST READING this ~ day Of~, 2006.
SECOND, FINAL READING and PASSAGE this J 14'H1 day of 111/ ' 2006.
ClTY OF BOYNTON BEACH, FLORIDA
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