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13-006 ORDINANCE NO. 13 -006 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF ALFRED LAFAVRE OF OLEN DEVELOPMENT CORPORATION, AMENDING ORDINANCE 02 -013 TO REZONE A PARCEL OF LAND LOCATED ON THE EAST SIDE OF FEDERAL HIGHWAY APPROXIMATELY 1,000 FEET NORTH OF THE BOYNTON C -16 CANAL AT 1620 NORTH FEDERAL 11 HIGHWAY, AS MORE FULLY DESCRIBED HEREIN, FROM 11 INFILL PLANNED UNIT DEVELOPMENT (IPUD) AND MULTI - 1 0 FAMILY RESIDENTIAL (R -3) TO INFILL PLANNED UNIT 1: DEVELOPMENT (IPUD); PROVIDING FOR CONFLICTS, 1 ! SEVERABILITY, AND AN EFFECTIVE DATE. 1• 1 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 1 ' adopted Ordinance No. 02 -013, in which a Revised Zoning Map was adopted for said City; 1 and 1' WHEREAS, Alfred LaFavre, of Olen Development Corporation has filed a petition 2 11 on behalf of the owner to rezone a parcel of land more particularly described hereinafter; and 2 WHEREAS, the City Commission, following required notice, conducted a public 2. hearing to consider the rezoning and heard testimony and received evidence which the 2 Commission finds supports a rezoning for the property hereinafter described; and 2 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 2 ' the Land Use described in the City's Comprehensive Plan; and 21 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 2 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 2: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 • THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing Whereas clauses are true and correct and incorporated Document in Windows Internet Explorer i II 1, herein by this reference. Section 2. The following described land located on the east side of Federal I c Highway approximately 1,000 feet north of the Boynton C -16 Canal at 1620 North Federal I Highway, as more fully described herein, is hereby rezoned from Infill Planned Unit i IPUD Development and Multi-family Residential (R -3) to Infill Planned Unit Development p (IPUD) Y IPUD : G A parcel of land, being a portion of Section 22, Township 45 South, Range 43 East, Palm Beach M County, Florida, being more particularly described as follows: 11 Commence at the Northwest Corner of Section 22, Township 45 South, Range 43 East, Palm Beach 1 it County, Florida, thence run S.01 °21'14 "E., a distance of 305.15 feet; thence run S.89 °50'30 "E., a 11 distance of 470.37 feet to a point on the East right of way line of US Highway No. 1, said Point also II 1 i being the Point of Beginning of this description: 1 2 1 % Thence continue S.89 °50'30 "E., a distance of 971.64 feet to a point on the West line of Tract "B" of 1 : Manatee Bay, according to the plat thereof as recorded in Plat Book 92, Pages 170 thru 178 of the 1 G Public Records of said Palm Beach County, thence N.02 °06'19 "W., a distance of 40.94 feet; thence 11 N.17 °03'32 "E., a distance of 14.50 feet; thence leaving said West line of said Tract "B ", run 11 S.89 °50'37 "E., a distance of 321.63 feet to a point on a curve whose radius point bears N.86 °04'42 "E., 2I and having as its elements a Radius of 1732.07 feet and a central angle of 02 °09'06 "; thence run 2 II Southeasterly along the arc of said curve a distance of 65.05 feet to a point on the South line of the 2 k aforementioned Manatee Bay; thence N.89 °50'30 "W., a distance of 221.69 feet to a point on a 2 C Boundary line established by Official Records Book 17840, Page 1921 of the said Public Records of 2 1 Palm Beach County; thence run the following nine (9) courses and distances: (1) S.07 °37'00 "W., 0.94 2 i feet; (2) S.90 °00'00 "E., 7.92 feet; (3) Radius 10.00'(LT) Delta = 58 °05'39 ", Arc = 10.14', a chord 2 : bearing and distance of S.60 °57'11 "W., 9.71'; (4) S31 °54'21 "E., 34.59 feet; (5) Radius 75.00'(LT), 2 Delta = 36 °43'13 ", Arc = 48.07', a chord bearing and distance of S.13 °32'44 "W., 47.25'; (6) 2 C SO4 °48'52 "E., 7.30 feet; (7) Radius = 75.00'(RT), Delta = 24 °10'41 ", Arc = 31.65', a chord bearing 2 1 and distance of S.07 °16'28 "W., 31.41 feet; (8) S.19 °21'49 "W., 41.28'; (9) N.89 °51'30 "W., 55.77 feet; 3 1 thence N.89 °50'30 "W., a distance of 984.64 feet to the aforementioned East right of way line of said 3 1 US Highway No 1; thence run N.07 °48'33 "E., along said East right of way line a distance of 169.83 3' feet to the Point of Beginning. Said Parcel contains 4.52 acres more or less 3C 3 4 3 • A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 3 • reference. 3 ► Section 3. That the Zoning Map of the City is amended to reflect this rezoning. 3 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby Document in Windows Internet Explorer repealed. 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 A the remainder of this Ordinance. • Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this 19 day of March, 2013. SECOND, FINAL READING and PASSAGE this 2 day of April 2013. CITY OF BOYNTON BEACH, FLORIDA 11 �� et- 1 4,yor— - • or 6 1 14 Commissi ner — David T. Merker 1' 1 : C' _ 1 Commissioner - Woodrow L. Hay l: � 1• 'r4 2 I Commissioner - Michael M itzpatrick 2 2 2 ATTEST: Commissioner - Joe Casello 2 2 2 Jar et M. Prainito, MMC 2: • ty Clerk 2• 30 Y,; 3 34 1` s 3 orate Seal Document in Windows Internet Explorer