06-064
II
1 ORDINANCE NO. 06-064
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3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF SUNSHINE SQUARE CRP,
6 LLC, AMENDING ORDINANCE 02-013 TO
7 REZONE A PARCEL OF LAND LOCATED AT
8 SOUTHWEST CORNER OF WOOLBRIGHT ROAD
9 AND SOUTH FEDERAL HIGHWAY AS MORE
10 FULLY DESCRIBED HEREIN, FROM
11 COMMUNITY COMMERCIAL (C-3) TO MIXED
12 USE LOW 3 (MU-L3); PROVIDING FOR
13 CONFLICTS, SEVERABILITY, AND AN
14 EFFECTIVE DATE.
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16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
17 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
18 and
19 WHEREAS, Sunshine Square CRP, LLC, has filed a petition to rezoning a parcel of
20 land more particularly described hereinafter; and
21 WHEREAS, the City Commission, following required notice, conducted a public
22 hearing to consider the rezoning and heard testimony and received evidence which the
23 Commission finds supports a rezoning for the property hereinafter described; and
24 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
25 the Land Use described in the City's Comprehensive Plan; and
26 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
27 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
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1 herein by this reference.
2
Section 2.
The following described land located at Southwest corner of
3 Woolbright Road and South Federal Highway, is hereby rezoned from Community
4 Commercial (C-3) to Mixed Use Low 3 (MU-L3):
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6 All that part of the East 1/2 of the Northeast 1/4, lying West of Dixie
7 Highway (U.S. Highway No. I), LESS the North 40.00 feet, East 150 feet of
8 the South 150 feet of the North 180 feet and the South 1910 feet, Section 33,
9 Township 45 South, Range 43 East, Palm Beach County, Florida.
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11 TOGETHER WITH:
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13 The North 125 feet of the South 1910 feet of that part of the East 1/2 of the
14 Northeast 1/4 of Section 33, Township 45 South, Range 43 East, Palm Beach
15 County, Florida, lying West of Dixie Highway (U.S. Highway No. 10;
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17 EXCEPTING therefrom the following:
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19 BEGINNING at the intersection of the North line of said Tract with the West
20 line of Dixie Highway (U.S. Highway No. I);
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22 thence run West along the North line of said Tract for a distance of 381.54
23 feet; thence run South a distance of 125 feet to the South line of said Tract:
24 thence run due East along said South line to the West line of Dixie Highway
25 (U.S. Highway No. I); thence run Northerly along said West line to the
26 POINT OF BEGINNING.
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28 TOGETHER WITH:
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30 That part of Lot I and that part of the North 1/2 of Lot 2, as recorded in Plat
31 Book I, Page 4, of the Public Records of Palm Beach County, Florida, lying
32 East of the Florida East Coast Railroad.
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SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
Commencing at the Northeast corner of Section 33, Township 45 South,
Range 45 East, Palm Beach County, Florida;
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thence with a bearing of South 89 degrees 43 minutes 15 seconds West, along
the North line of Section 33, (and the centerline of Woolbright Road), a
distance of 418.40 feet to a point on the Northerly extension of the West
Right-of-Way line of the 100 foot Right-of-Way of Federal Highway, (State
Road No.5);
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thence with a bearing of South 0 I degrees 02 minutes 15 seconds West, along
the West Right-of-Way line of Federal Highway, a distance of 180.01 feet to
the POINT OF BEGINNING;
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thence continue along the forementioned West Right-of-Way line of Federal
Highway with a bearing of South 01 degrees 02 minutes 15 seconds West, a
distance of 55.31 feet;
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thence with a curve to the right having a radius of 2814.93 feet, a central
angle of 3 degrees 53 minutes 47 seconds, an arc length of 191.43 feet and a
chord bearing of South 02 degrees 59 minutes 09 seconds West, to a point;
thence with a bearing of South 04 degrees 56 minutes 02 seconds West, a
distance of 265.59 feet to a point;
thence with a bearing of South 89 degrees 21 minutes 47 seconds West, a
distance of 365.77 feet to a point;
thence with a bearing of South 01 degrees 12 minutes 13 seconds East, a
distance of 125.00 feet to a point on the North Right-of-Way of 50.00 foot
Right-of-WayofS.E. 18th Ave.;
thence with a bearing of South 89 degrees 21 minutes 47 seconds West, along
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1 the North Right-of-Way line of S.E. 18th Ave., a distance of 475.00 feet to a
2 point on the East line of Lot 2, as recorded in Plat Book I, Page 4, of the
3 Public Records of Palm Beach County, Florida;
4 thence with a bearing of South 01 degrees 12 minutes 13 seconds East, along
5 the East line of Lot 2, a distance of 157.38 feet to the South line of Lot 2;
6 thence with a bearing of South 89 degrees 43 minutes 15 seconds West, along
7 the South line of Lot 2, a distance of 99.45 feet to the point on the East Right-
8 of-Way line of the 100 foot Right-of-Way for the Florida East Coast Railroad;
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10 thence with a bearing of North 08 degrees 11 minutes 15 seconds East, along
11 the East Right-of-Way line of the Florida East Coast Railroad, a distance of
12 948.77 feet to a point on the South Right-of-Way line of the 80.00 foot Right-
13 of-Way for Woolbright Road, said point lying 40.00 feet South of the North
14 line of Section 33;
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16 thence with a bearing of North 89 degrees 43 minutes 15 seconds East, along
17 the South Right-of-Way line of Wool bright Road, said line lying 40.00 feet
18 South of and parallel to the North line of Section 33, a distance of685.48 feet
19 to a point;
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21 thence with a bearing of South 01 degrees 02 minutes 15 seconds West, a
22 distance of 140.00 feet;
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24 thence with a bearing of North 89 degrees 43 minutes 15 seconds East, a
25 distance of 150.00 feet more or less to the POINT OF BEGINNING.
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27 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by
28 reference.
29 Section 3. That the Zoning Map of the City is amended to reflect this rezoning.
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1
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
2 repealed.
3 Section 5. Should any section or provision of this Ordinance or any portion thereof
4 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
5 remainder of this Ordinance.
6 Section 6. This ordinance shall become effective immediately upon passage.
7 FIRST READING this AL day of NOllem ~, 2006.
8 SECOND, FINAL READING and PASSAGE this ~ day of b~ulIt kr, 2006.
CITY OF BOYNTON BEACH, FLORIDA
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