14-006 !t
1 ORDINANCE NO. 14 -006
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, REGARDING THE APPLICATION OF THOMAS
HEYDEN OF MORGAN BOYNTON BEACH LLC, AMENDING
4 ORDINANCE 02 -013 TO REZONE A PARCEL OF LAND
LOCATED ON THE SOUTHWEST CORNER OF OCEAN
It AVENUE AND FEDERAL HIGHWAY, EXTENDING SOUTH TO
SOUTHEAST 2 AVENUE AND WEST TO SOUTHEAST 4
111 STREET, AS MORE FULLY DESCRIBED HEREIN, FROM
1 I MIXED USE -HIGH (MU -H), 378 MULTI - FAMILY RESIDENTIAL
1.' 1 AND RETAIL TO MIXED USE -HIGH (MU -H) 341 MULTI -
1 t1 FAMILY DWELLING UNITS, RETAIL AND OFFICE;
1 ! PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN
1 . EFFECTIVE DATE.
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1i 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:
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11) and
2 WHEREAS, Thomas Heyden of Morgan Boynton Beach LLC, has filed a petition on
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2i. behalf of the owner, Capstone Resdev LLC., to rezone a parcel of land more particularly
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22 described hereinafter; and
2 t 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 1
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i the Land Use described in the City's Comprehensive Plan; and
211 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.
3 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21 Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. The following described land located on the Southwest corner of
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5 Ocean Avenue and Federal Highway, extending south to Southeast 2 Avenue and west to
a Southeast 4 Street, as more fully described herein, is hereby rezoned from Mixed Use -High
(MU -H), 378 multi - family residential and retail to Mixed Use -High (MU -H), 341 multi - family
:: dwelling units, retail and office:
PORTIONS OF BLOCKS 7 AND 12, ORIGNAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF
1 1 RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
1 TOGETHER WITH PORTIONS OF SOUTHEAST 4 STREET, SOUTHEAST 2 AVENUE AND OCEAN
1'1 AVENUE LYING ADJACENT TO SAID BLOCKS 7 AND 12, ORIGNAL TOWN BOYNTON, ACCORDING TO
111 SAID PLAT. TOGETHER WITH PORTIONS OF SOUTHEAST 1 AVENUE LYING BETWEEN SAID BLOCKS 7
1 1' AND 12, NOW VACATED, AND A PORTION OF SOUTHEAST 1 PLACE LYING IN SAID BLOCK 7, NOW
1, VACATED, ORIGINAL TOWN OF BOYNTON ACCORDING TO SAID PLAT. TOGETHER WITH A PORTION
1 • OF BLOCK 12, ORIGINAL TOWN OF BOYNTON (REVISED PLAT), ACCORDING TO THE PLAT THEREIF AS
1 F, RECORDED IN PLAT BOOK 15, PAGE 18 OF SAID PUBLIC RECORDS, BEING MORE PARTICULARLY !�
1 ; : ' DESCRIBED AS FOLLOWS:
11 COMMERNCING AT THE INTERSECTION OF THE CENTERLINE OF OCEAN AVENUE WITH CENTERLINE
211 OF FEDERAL HIGHWAY (STATE ROAD NO. 5, US HIGHWAY NO. 1) (100 FOOT RIGHT -OF WAY).
2 THENCE NORTH 88'59'27" WEST ALONG SAID CENTERLINE OF OCEAN AVENUE, 50.01 FEET;
2 .' THENCE SOUTH 00'02'09" WEST, 26.91 FEET TO THE POINT OF BEGINNING;
2 : THENCE CONTINUE SOUTH 00'02'09" WEST, 588.24 FEET TO A POINT ON THE ARC OF A NON-
2 ! TANGENT CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS
2 • NORTH 44'03'28" WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE);
2 THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 24.00 FEET, A
2 ' CENTRAL ANGLE OF 44'49'08 ", AN ARC DISTANCE OF 18.77 FEET TO THE POINT OF TANGENCY;
2: THENCE NORTH 88'31'35" WEST, 313.23 FEET TO A POINT ON THE ARC OF A NON - TANGENT CURVE
2 1 CONCAVE TO THE NORTHEAST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 19'05'54" EAST
311 TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE);
3 THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 16.19 FEET, A
32 CENTRAL ANGLE OF 49'54'09 ", AN ARC DISTANCE OF 14.10 FEET;
4 THENCE NORTH 00'02'09" EAST, 588.85 FEET;
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J THENCE SOUTH 88'59'27" WEST, 166.51 FEET;
2 THENCE NORTH 45'33'42" EAST, 4.32 FEET;
THENCE SOUTH 88'59'27" EAST, 152.24 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
TO THE SOUTHWEST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 24.00 FEET, A
CENTRAL ANGLE OF 49'45'36 ", AN ARC DISTANCE OF 20.84 FEET TO THE POINT OF BEGINNING. .
A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by
reference.
1 Section 3. That the Zoning Map of the City is amended to reflect this rezoning.
11 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
1 repealed.
1 '! Section 5. Should any section or provision of this Ordinance or any portion thereof
1 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
1 the remainder of this Ordinance.
1 Section 6. This ordinance shall become effective immediately upon passage.
14 FIRST READING this 17 day of June, 2014.
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1_ SECOND, FINAL READING and PASSAGE this ( '' day of , 2014.
VOTE CITY OF BOYNTON BEACH, FLORIDA
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' AYE
yor — J . or
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AYE Q- '
14 , 'c Mayor — Joe Casello
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1 Commissioner — David T. Merker
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1 i AYE �i'''�'�
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2 ATTEST: Commissioner — Michael rtzpa rick
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2 : !� M. Prainito, MMC
2 rty Clerk
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EXHIBIT "A" - SITE LOCATION MAP
500 OCEAN (REZN 14 -001)
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