07-020
1 ORDINANCE NO. 07- oa.,O
2
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 THE HAMLET, LTD., AND LOCATED AT
8 499 BOYNTON BAY CIRCLE, WEST SIDE OF
9 NORTHEAST 4TH STREET, WHICH IS WEST OF
10 FEDERAL HIGHWAY AND SOUTH OF GATEWAY
11 BOULEVARD; CHANGING THE LAND USE
12 DESIGNATION FROM HIGH DENSITY RESIDENTIAL
13 TO SPECIAL HIGH DENSITY RESIDENTIAL (SHDR) ;
14 PROVIDING FOR CONFLICTS, SEVERABILITY, AND
15 AN EFFECTIVE DATE.
16
1 7 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted
18 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
19 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
20 Comprehensive Planning Act; and
21 WHEREAS, the procedure for amendment of a Future Land Use Element of a
22 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
23 WHEREAS, after two (2) public hearings the City Commission acting in its dual
24 capacity as Local Planning Agency and City Commission finds that the amendment
25 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
26 the best interest of the inhabitants of said City to amend the aforesaid Element of the
27 Comprehensive Plan as provided.
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
29 CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 0 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
3 1 herein by this reference.
S:\CA \Ordinances\Planning\Land Use\Boynton Bay.doc
, ,
1
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
2 following:
3 That the Future Land Use ofthe following described land located at 499 Boynton Bay
4 Circle, west side of Northeast 4th Street, which is west of Federal Highway and south of
5 Gateway Boulevard; changing the land use designation from High Density Residential to
6 Special High Density residential (SHDR).
7
8 See Legal Description attached hereto
9
10 Subject to easements, restrictions, reservations, covenants and
11 rights of way of record.
12
13 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe
14 Future Land Use Plan shall be amended accordingly.
15 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
16 Section 5: Should any section or provision of this Ordinance or any portion thereof be
1 7 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
18 remainder of this Ordinance.
19 Section 6: The effective date of this plan amendment shall be the date a final order is
2 0 issued by the Department of Community Affairs finding the amendment to be in compliance in
21 accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration
22 Commission finding the amendment to be in compliance in accordance with Section 163.3184,
23 F.S.
S:\CA \Ordinances\Planning\Land Use\Boynton Bay.doc
II
1
FIRST READING this ~ day of A~u.~,..- ,2007.
SECOND, FINAL READING and PASSAGE this ~ day of NoveMkL, 2007.
2
3
CITY OF BOYNTON BEACH, FLORIDA
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 ATTEST:
20
21
22 Ja t M. Prainito, CMC
23 ty Clerk
24
25
26
27
Commissioner
~o~~~
Commissioner
S:\CA\Ordinances\Planning\Land Use\Boynton Bay.doc
1 THAT PART OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
2 PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
3 ALL THAT PART OF LOTS 20 THROUGH 26, INCLUSIVE, OF SAM BROWN
4 JR.'S HYPOLUXO SUBDIVISION, ACCORDING TO THE PLAT THEREOF,
5 AS RECORDED IN PLAT BOOK 1 PAGE 81, PUBLIC RECORDS, PALM
6 BEACH COUNTY, FLORIDA, LYING WESTERLY OF THE WEST LINE OF
7 THE EAST 340 FEET OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43
8 EAST, PALM BEACH COUNTY, FLORIDA.
9 LESS HOWEVER, THE SOUTH 60 FEET OF LOT 22.
10 ALSO LESS, THE FOLLOWING DESCRIBED PARCEL OF LAND;
11 FROM THE SOUTHWEST CORNER OF LOT 20 LYING IN SAID SAM
12 BROWN JR.'S HYPOLUXO SUBDIVISION RUN NORTH 2002'25" WEST
13 ALONG THE WEST LINE OF LOTS 20, 21 AND 22, A DISTANCE OF
14 379.12 FEET TO A LINE 60 FEET NORTHERLY OF AND AS MEASURED
15 AT RIGHT ANGLES TO, THE SOUTH LINE OF SAID LOT 22; THENCE
16 SOUTH 89056'48" EAST, ALONG SAID LINE, A DISTANCE OF 25.02 FEET
17 TO THE POINT OF BEGINNING; THENCE NORTH 2002'25" WEST, ALONG
18 A LINE THAT LIES 25 FEET EASTERLY OF THE WEST LINE OF SAID
19 LOT 22, A DISTANCE OF 61.08 FEET; THENCE SOUTH 890 57'23"E., A
20 DISTANCE OF 364.25 FEET; THENCE NORTH 0002'37" EAST, A
21 DISTANCE OF 58.89 FEET; THENCE SOUTH 89057'23" EAST, A
22 DISTANCE OF 20.0 FEET; THENCE NORTH 0002'37" EAST, A DISTANCE
23 OF 24 FEET; THENCE SOUTH 89057'23" EAST, A DISTANCE 8 FEET;
24 THENCE NORTH 0002'37" EAST, A DISTANCE OF 70.6 FEET; THENCE
25 SOUTH 89057'23" EAST, A DISTANCE OF 159.6 FEET; THENCE SOUTH
26 0002'37" WEST, A DISTANCE OF 70.6 FEET; THENCE SOUTH 89057'23"
27 EAST, A DISTANCE OF 20 FEET; THENCE SOUTH 0002'37" WEST, A
28 DISTANCE OF 29.95 FEET; THENCE DUE EAST, ALONG A LINE THAT IS
29 602 FEET SOUTHERLY OF AND AS MEASURED AT RIGHT ANGLES TO
30 THE NORTH LINE OF LOT 26 OF SAID SAM BROWN JR.'S HYPOLUXO
31 SUBDIVISION, A DISTANCE OF 377.17 FEET TO A POINT IN A LINE THAT
32 IS 365 FEET WESTERLY OF AND PERPENDICULAR TO THE EAST LINE
33 OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE
34 S.1053'20" EAST, ALONG SAID LINE, A DISTANCE OF 114.06 FEET TO
35 THE NORTH LINE OF SAID SOUTH 60 FEET OF LOT 22; THENCE NORTH
36 89056'48" WEST ALONG SAID LINE, A DISTANCE OF 950.13 FEET TO THE
37 POINT OF BEGINNING.
38 TOGETHER WITH:
39 THE EAST 340 FEET OF THAT PART OF LOTS 20 TO 26, INCLUSIVE, OF
40 SAM BROWN JR.'S HYPOLUXO SUBDIVISION LYING IN SAID
41 SECTION 16, AS RECORDED IN PLAT BOOK 1 PAGE 81, PUBLIC
42 RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE EAST
43 60.0 FEET THEREOF