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14-033 ORDINANCE NO. 15 033 -033 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, REGARDING THE APPLICATION OF DODI 5 BUCKMASTER GLASS, AMENDING THE OFFICIAL ZONING 6 MAP TO REZONE A PARCEL OF LAND LOCATED AT 2632 7 NORTH FEDERAL HIGHWAY, EAST OF FEDERAL HIGHWAY 8 AND NORTH OF DIMICK ROAD AS MORE FULLY DESCRIBED 9 HEREIN, FROM SINGLE - FAMILY RESIDENTIAL DISTRICT 10 (R1AA) AND ABANDONED UNDESIGNATED PORTION TO 11. INFILL PLANNED UNIT DEVELOPMENT (IPUD) WITH A 12 MASTER PLAN FOR 80 MULTIFAMILY UNITS69 13 TOWNHOUSES AND THREE (3) SINGLE - FAMILY DWELLING 14 UNITS *; PROVIDING FOR CONFLICTS, SEVERABILITY, AND 15 AN EFFECTIVE DATE. 1 3 *Project amended during first reading of Ordinance 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 18 adopted Ordinance No. 02 -013, in which a Revised Zoning Map was adopted for said City; 19 and 20 WHEREAS, K. Hovnanian T &C Homes at Florida, LLC., has filed a petition to 2 _ rezoning a parcel of land more particularly described hereinafter; and 22 WHEREAS, the City Commission, following required notice, conducted a public 23 hearing to consider the rezoning and heard testimony and received evidence which the 24 Commission finds supports a rezoning for the property hereinafter described; and 25 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 2 6 the Land Use described in the City's Comprehensive Plan; and 2 7 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 2 8 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31_ "scrivener's error C:\ Users\ prainitoj \AppData\Local\Microsoft\Windows \Temporary Internet Files \Content.IE5 \OXD1PCBU\14 -033 Rezoning Casa del Mar R1AA - IPUDJ2014 Hovnanian).doc -: • e • .• : - - • • • - : : - : • • - r ► Section 1. The foregoing Whereas clauses are true and correct and incorporated ' herein by this reference. Section 2. The following described land located at 2632 North Federal Highway is hereby rezoned from Single - Family Residential District (R1AA) and abandoned • undesignated portion to Infill Planned Unit Development (IPUD) with a Master Plan for 80 9 townhouses and three (3) single - family dwelling units: LOTS 25, 26, 27, 28, 29 AND 30, LAKESIDE GARDENS, ACCORDING TO THE PLAT : THEREOF, RECORDED IN PLAT BOOK 8, PAGE 57, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 11 11 CONTAINING IN ALL 24,950 SQUARE FEET OR 0.573 ACRES, MORE OR LESS. 1' 1 : TOGETHER WITH: 1 1. A PORTION OF LAKE DRIVE, LAKESIDE GARDENS, ACCORDING TO THE PLAT 1 • THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 57, AS RECORDED IN THE PUBLIC 1 ► RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY 1 ; DESCRIBED AS FOLLOWS: 1% 2 1 BEGINNING AT THE SOUTHEAST CORNER OF LOT 20, LAKESIDE GARDENS, 2 ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 57, AS 2 ' RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 2 : NORTH 00 °41'36" EAST, ALONG THE EAST LINE OF LOTS 20 THROUGH 24 OF SAID 2 LAKESIDE GARDENS, A DISTANCE OF 135.00 FEET TO THE SOUTH LINE OF LOT 1, 2 • HULL'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 2 • BOOK 2, PAGE 17, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, 2 ' FLORIDA; THENCE SOUTH 89 °18'38" EAST, DEPARTING SAID EAST LINE AND ALONG 2 : SAID SOUTH LINE, A DISTANCE OF 40.00 FEET TO THE WEST LINE OF LOTS 25 2: THROUGH 30 OF SAID LAKESIDE GARDENS; THENCE SOUTH 00 °41'36" WEST, 3 1 DEPARTING SAID SOUTH LINE AND ALONG SAID WEST LINE OF LOTS 25 THROUGH 30, 3 A DISTANCE OF 135.02 FEET TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF 3 ' SAID LOT 20 OF LAKESIDE GARDENS; THENCE NORTH 89 °16'57" WEST, DEPARTING 3 : SAID WEST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 40.00 FEET TO THE 3 POINT OF BEGINNING. 3• 3 • CONTAINING 0.1240 ACRES OR 5,402 SQUARE FEET, MORE OR LESS. 3 ' 3 SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND 3 : RIGHTS -OF -WAY OF RECORD. 41 4 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by S : \CC \WP \ORDINANCES\2015 \14 -033 Rezoning_- _Casa_del_ Mar_ RIAA _- _IPUD_(2014_Hovnanian).doc reference. 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 4 repealed. 5 Section 5. Should any section or provision of this Ordinance or any portion thereof be 6 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. 8 Section 6. This ordinance shall become effective immediately upon passage. 9 FIRST READING this 2nd day of March 2015. 10 SECOND, FINAL READING and PASSAGE this i 7 day of M ARCFI , 2015. 1 _ CITY OF BOYNTON BEACH, FLORIDA 12 13 YES NO 1 4 15 Mayor — Jerry Taylor ✓ 16 1 Vice Mayor — Joe Casello ✓ 1 8 19 Commissioner — David T. Merker 2 0 2" Commissioner — Mack McCray 22 23 Commissioner — Michael M. Fitzpatrick ✓ 24 25 ��' 2 6 VOTE 2 2:: ATTEST: 2 '- 3a 1 3 �i ' J[ - 3 ' J. et M. Prainito, MMC 33. — ity ; v o 3 35 (1 ••a• al) 1 S:\ P \O' 1 1 ANCE . \14-033 Rezoning_- _Casa_del_ Mar_ R1AA _- _IPUD_(2014_Hovnanian).doc 'l' g <c, r � EXHIBIT "A CASA DEL MAR SITE LOCATIO i N MAP 1 1 ' 1 1 • 11 • . � iz.F:� P '4 r ' !~ Z" -if .t.. .W. --':',3:W 'eS 9- 4 S.P.p. - . " r : '9n E... F ' � �+�i � h �.W 4 > af '4 I * r ' ; cute 'j ,, - dy -_ �„` p _ ;> , 9 ° , v` „' , I 1 ,- y n ,, .R. 'rte" i � r, „7:;,, a a � 2 � r gs.«a° t r —.,,r' `�; aE 4 � k 3” 1 >'�" d > .c .,., r••*11 I , . -, `�. „p t 5 a c. . . �R 1 1 =+ x f ti 5 r 1 w n �''' it y R I s y.�, x r°' :: 'a w ^ P r ' ' n t- "1" SP fi G4 .�.55.. A .{ � �. �+r �' . � ' ar SY} x" 3 � k r 5., „' I i 'm Y C ..i.., :. pr .M' i "a" '�,K" ti .ii. `:t'' y u4 i 4 7 r ' y . �y i' 'tk°. F� L Yd " W4' �� t , i l • mi MI iv ILI Q � ��� 1 1 1 a 1 •I .11.1 1,.. y ,,, , m . i -i.' -*- '''': `; 'I ice ' 1 , 1 14 IP Wit, ., _ _ . 1. M _ + �a�. F rt Iri Mill .7! , r- N b -cam ; 140 7 ' 0 140 Feet I ',°' 5P - V G°C\ a . ORDINANCE NO. 14-033 AN ORDINANCE OF THE CITY OF BOYNTON BEA • , FLORIDA, REGARDING THE APPLICATION OF PJ ODI BUCKMASTER GLASS, AMENDING THE OFFICIAL • NING MAP TO REZONE A PARCEL OF LAND LOCATE I AT 2632 NORTH FEDERAL HIGHWAY, EAST OF FEDERA IGHWAY AND NORTH OF DIMICK ROAD AS MORE FULL DESCRIBED HEREIN, FROM SINGLE - FAMILY RESIDEN ' AL DISTRICT 1 ' (R1AA) AND ABANDONED UNDESIGNAT " I PORTION TO 1 INFILL PLANNED UNIT DEVELOPME (IPUD) WITH A 1 MASTER PLAN FOR 80 MULTIFAMIL UNITS; PROVIDING !# 1 FOR CONFLICTS, SEVERABILITY, A I AN EFFECTIVE DATE. H 1E WHEREAS, the City Commission of the City of Boynton Beach, Florida has 1E adopted Ordinance No. 02 -013, in whi a Revised Zoning Map was adopted for said City; 11 and 10 WHEREAS, K. Hov -anian T &C Homes at Florida, LLC., has filed a petition to 1: rezoning a parcel of land ore particularly described hereinafter; and 21 WHEREA the City Commission, following required notice, conducted a public 2 i hearing to co .ider the rezoning and heard testimony and received evidence which the 2 r, Commissi e finds supports a rezoning for the property hereinafter described; and 21 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 2 I. t' e Land Use described in the p City's Comprehensive Plan; and 2 WHEREAS, the City Commission deems it in the best interests of the inhabitants of P 2 ! said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. i 2 f7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 ! THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 Section 1. The foregoing Whereas clauses are true and correct and incorporated C `, Users \pramrtoj\AppData\ Local \Microsoft \Windows` Internet Files \Content 1E5 \QXDIPCBU \Rezoning_- Casa_delMar_R I AA_- _IPUD_(2014_Hovnanian) doe 1 I 1 1 herein by this reference. Section 2. The following described land located at 2632 North Federal Highway Fil is hereby rezoned from Single - Family Residential District (R1AA) d abandoned undesignated portion to Infill Planned Unit Development (IPUD) wityMaster Plan for 80 multifamily units: j LOTS 25, 26, 27, 28, 29 AND 30, LAKESIDE GARDENS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 8, PAGE 57, OF T E PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 1r CONTAINING IN ALL 24,950 SQUARE FEET OR 0.5 3 /ACRES, MORE OR LESS 1 1 TOGETHER WITH: 1 1 A PORTION OF LAKE DRIVE, LAKESID GARDENS, ACCORDING TO THE PLAT 1 THEREOF, AS RECORDED IN PLAT BOO 8, PAGE 57, AS RECORDED IN THE PUBLIC 1 RECORDS OF PALM BEACH COUN , FLORIDA, BEING MORE PARTICULARLY 1 , DESCRIBED AS FOLLOWS: / 1 0 f/ 10 BEGINNING AT THE SOUTHER ST CORNER OF LOT 20, LAKESIDE GARDENS, 2 bl ACCORDING TO THE PLAT T REOF, AS RECORDED IN PLAT BOOK 8, PAGE 57, AS I 2 RECORDED IN THE PUBLIC ' CORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 2 NORTH 00 °41'36" EAST, A •NG THE EAST LINE OF LOTS 20 THROUGH 24 OF SAID 2 LAKESIDE GARDENS, A O1STANCE OF 135.00 FEET TO THE SOUTH LINE OF LOT 1, 2 HULL'S SUBDIVISION, CCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 2 BOOK 2, PAGE 17, AS ECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, 2 : FLORIDA; THENCE :OUTH 89 °18'38" EAST, DEPARTING SAID EAST LINE AND ALONG 2 y SAID SOUTH LI ' , A DISTANCE OF 40.00 FEET TO THE WEST LINE OF LOTS 25 2: THROUGH 30 OF SAID LAKESIDE GARDENS; THENCE SOUTH 00 °41'36" WEST, 2 DEPARTING S: ID SOUTH LINE AND ALONG SAID WEST LINE OF LOTS 25 THROUGH 30, 3 $ A DISTANC OF 135.02 FEET TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF 31 SAID LOT '0 OF LAKESIDE GARDENS; THENCE NORTH 89 °16'57" WEST, DEPARTING 3 SAID WE LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 40.00 FEET TO THE ' 3 � POINT 1. BEGINNING 3 3 M CO AINING 0.1240 ACRES OR 5,402 SQUARE FEET, MORE OR LESS. 3: 3 I TBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND 3 3 ' IGHTS -OF -WAY OF RECORD. 3 : 4 1 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by a 7 reference. C \lUsers\prainrtoi\AppData\ Local \Microsoft\Windows \Iemporary Internet Files \Content 1E5\QXDIPCBU\ Rezoning _- Casa_delMar_R I AA_- _IPUD_(2014_I lovnanian) doc I 1 I i 6 _ Section 3. That the Zoning Map of the City is amended to reflect this re tiling. 2' Section 4. All ordinances or parts of ordinances in conflict h- ewith are hereby 3 ; repealed. Section 5. Should any section or provision of this Ordina► e or any portion thereof be declared by a court of competent jurisdiction to be invalid, ch decision shall not affect the ,f remainder of this Ordinance. Section 6. This ordinance shall become eff-. tive immediately upon passage. 131 FIRST READING this 3 day of February, 201:. SECOND, FINAL READING and PASSAGE this day of . 2015. 1 1` Y OF BOYNTON BEACH, FLORIDA 1 l' 1 Mayor — Jerry Taylor ili 1 1 Vice Mayor — Joe Casello 1 VE 1.: 1 Commissioner — David T. Merker 2 1 1 2 2 • Commissioner — Mack McCray 2: 2 2 ATT' ST: Commissioner — Michael M. Fitzpatrick 2. 2: k 2 % Janet M. Prainito, MMC, Cl(Pdgvo 3 City Clerk ,� 3 • 313 34 (Corporate Seal) l I } � C \ Users \pramstoi \AppData \Local \Mscrosofl \Windows \lemporary Internet Files \Content IE5 \QXDIPCI3U \Rezomne - _C asa_del Mar _RIAA_- IPUD(2014_Hovnanian) doL i