LEGAL APPROVAL
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ORDINANCE NO. 05- 01/
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF HHC BOYNTON, LLC,
AMENDING ORDINANCE 02-013 TO REZONE A
PARCEL OF LAND LOCATED AT 3010 SOUTH
FEDERAL HIGHWAY (EAST SIDE OF FEDERAL
HIGHWAY APPROXIMATELY 400' SOUTH OF
OLD DIXIE HIGHWAY), AS MORE FULLY
DESCRIBED HEREIN, FROM SINGLE FAMILY
RESIDENTIAL (R-l-AA) AND PLANNED UNIT
DEVELOPMENT (PUD) TO INFILL PLANNED
UNIT DEVELOPMENT (IPUD); PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
WHEREAS, HHC Boynton, LLC, Michael H. Hoplamazian and David J. Conti,
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owners of the property located at 3010 South Federal Highway (East Side of Federal Highway
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approximately 400' south of Old Dixie Highway) in Boynton Beach, Florida, as more
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particularly described herein, has filed a Petition, through its agent, Carlos BalM, pursuant to
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Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida,
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for the purpose of rezoning a parcel of land, said land being more particularly described
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hereinafter, from Single Family Residential (R-l-AA) and Planned Unit Development (PUD)
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to Infill Planned Unit Development (IPUD); and
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WHEREAS, the City Commission conducted a public hearing and heard testimony
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and received evidence which the Commission finds supports a rezoning for the property
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hereinafter described; and
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WHEREAS, the City Commission finds that the proposed rezoning is consistent with
S:\CA\Ordinances\Planning\Rczoning\Rezoning. Estancia.doc
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1 an amendment to the Land Use which was contemporaneously considered and approved at the
2 public hearing heretofore referenced; and
3 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
4 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing Whereas clauses are true and correct and incorporated
8 herein by this reference.
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Section 2.
The following described land at 3010 South Federal Highway (East Side
10 of Federal Highway approximately 400' south of Old Dixie Highway) in the City of Boynton
11 Beach, Florida, as set forth as follows:
12 See Legal Description Attached hereto as Exhibit "A".
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15 be and the same is hereby rezoned from Single Family Residential (R-l-AA) and Planned Unit
16 Development (PUD) to Infill Planned Unit Development (IPUD). A location map is attached
17 hereto as Exhibit "B" and made a part of this Ordinance by reference.
18 Section 3.
19 accordingly.
20 Section 4.
21 repealed.
22 Section 5.
That the aforesaid Revised Zoning Map of the City shall be amended
All ordinances or parts of ordinances in conflict herewith are hereby
Should any section or provision of this Ordinance or any portion thereof be
2 3 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
24 remainder of this Ordinance.
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Estancia.doc
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Section 6. This ordinance shall become effective immediately upon passage.
FIRST READING this ~ day of l>eeem\1ec , 2005.
SECOND, FINAL READING and PASSAGE this ~ day of ~ ' 20<6.
CITY OF BOYNToN BEACH, FLORIDA
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ATTEST:
Commissioner
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S:\CA\Ordinances\Planning\Rezoning\Rezoning. Estancia.doc
THAT PORTION OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF A LINE 76.1 FEET SOUTH OF AND PARALLEL TO
THE NORTH LINE OF SAID SECTION 4 WITH THE WEST RIGHT OF WAY LINE OF THE
INTRACOASTAL WATERWAY AS SHOWN IN PLAT BOOK 17, PAGE l4A, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA; THENCE S. 89018'46" W., ALONG SAID PARALLEL
LINE, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING; THENCE N. 5026'06"E.,
PARALLEL WITH THE SAID WEST RIGHT OF WAY LINE OF THE INTRACOASTAL
WATERWAY, A DISTANCE OF 15.00 FEET TO A POINT ON A LINE 61.2 FEET SOUTH AND
PARALLEL TO THE NORTH LINE OF SAID SECTION 4; THENCE S. 89018'46"W., ALONG SAID
PARALLEL LINE, A DISTANCE OF 522.90 FEET TO A POINT ON THE EAST RIGHT OF WAY
LINE OF U.S. NO.1 (STATE ROAD NO.5) AS NOW LAID OUT AND IN USE, SAID POINT ALSO
BEING A POINT ON A CURVE CONCAVE TO THE WEST WHOSE RADIAL LINE BEARS N.
79005'35"W., AND HAVING A CENTRAL ANGLE OF 2017' 13" AND A RADIUS OF 5762.65 FEET;
THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 230.00 FEET;
THENCE S. 76027'18"E., A DISTANCE OF 150.00 FEET; THENCE N. 11016'09" E., A DISTANCE
OF 13.95 FEET TO A POINT ON A LINE 308.76 FEET SOUTH OF AND PARALLEL TO THE
NORTH LINE OF SAID SECTION 4; THENCE N 89018'46" E., ALONG SAID PARALLEL LINE, A
DISTANCE 167.77 FEET THENCE N. 0041'14" W., A DISTANCE OF 118.82 FEET; THENCE N.
89018'46" E., A DISTANCE OF 94.75 FEET; THENCE S. 5026'06"W., PARALLEL TO THE SAID
WEST RIGHT OF WAY LINE OF THE INTRACOASTAL WATERWAY, A DISTANCE OF 25.00
FEET; THENCE N 89018'46" E., A DISTANCE OF 300.00 FEET TO A POINT ON THE SAID WEST
RIGHT OF WAY LINE OF THE INTRACOASTAL WATERWAY; THENCE N. 5026'06"E., ALONG
SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 50.00 FEET; THENCE S. 89018'46" W., A
DISTANCE OF 150.00 FEET; THENCE N. 17037'16" E., A DISTANCE OF 29.30 FEET; THENCE N.
10012'26''W., A DISTANCE OF 36.00 FEET; THENCE N. 13005'10" E., A DISTANCE OF 26.43
FEET TO THE POINT OF BEGINNING.
CONTAINING 2.6432 ACRES MORE OR LESS.
Exhibit "A"
N
160 Feet A
LOCATION MAP
Estancia at Boynton Beach
(f.k.a. Dakota Lofts)
LUAR 05-009
City Umlts
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exhibit 8
The City of Boynton Beach
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City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.n.us
www.boynton-beach.org
January 9,2006
DIRECTOR
PALM BEACH COUNTY PLANNING DIVISION
100 AUSTRALIAN AVENUE
WEST PALM BEACH FL 33406
RE: ORDINANCE 05-071 - Application of HHC Boynton, LLC, amending
Ordinance 02-013 to rezone a parcel of land located at 3010 South
Federal Highway (East side of Federal Highway approximately 400' south
of Old Dixie Highway) from Single-Family Residential (R-l-AA) and
Planned Unit Development (PUD) to Infill Planned Unit Development
(IPUD)
Dear Sir:
Attached for your information and files are copies of the above-mentioned ordinance
that rezones the land described in the ordinance. The City Commission adopted this
ordinance on January 3,2006.
If you have any questions concerning these ordinances, please do not hesitate to
contact me.
Sincerely,
CITY OF BOYNTON BEACH
'tn.
Attachments
S:\CC\WP\Rezoning\rezoning form merge letter - Ordinance 05-071 - 01-G3-06.doc
America's Gateway to the Gulfttream
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The City of Boynton Beach
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City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
January 9, 2006
MR. MARK ADLER, 911 SPECIAUST
EMERGENCY MEDICAL SERVICES
20 S. MILITARY TRAIL
WEST PALM BEACH FL 33415
RE: ORDINANCE 05-071 - Application of HHC Boynton, LLC, amending
Ordinance 02-013 to rezone a parcel of land located at 3010 South
Federal Highway (East side of Federal Highway approximately 400' south
of Old Dixie Highway) from Single-Family Residential (R-1-AA) and
Planned Unit Development (PUD) to Infill Planned Unit Development
(IPUD)
Dear Mr. Adler:
Attached for your information and files are copies of the above-mentioned ordinance
that rezones the land described in the ordinance. The City Commission adopted this
ordinance on January 3, 2006.
If you have any questions concerning these ordinances, please do not hesitate to
contact me.
Sincerely,
CITY OF BOYNTON BEACH
Attachments
S:\CC\WP\Rezoning\rezoning form merge letter - Ordinance 05-071 - Ol-03-06.doc
America's Gateway to the Gulfstream
The City of Boynton Beach
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City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@cLboynton-beach.n.us
www.boynton-beach.org
January 9, 2006
MS. ELOISE HUNT, SUPV.
PBC PROPERTY APPRAISER'S OFFICE
301 NO. OUVE AVENUE, 5TH FLOOR, GEO PROCESSING
WEST PALM BEACH FL 33402
RE: ORDINANCE 05-071 - Application of HHC Boynton, LLC, amending
Ordinance 02-013 to rezone a parcel of land located at 3010 South
Federal Highway (East side of Federal Highway approximately 400' south
of Old Dixie Highway) from Single-Family Residential (R-1-M) and
Planned Unit Development (PUD) to Infill Planned Unit Development
(IPUD)
Dear Ms. Hunt:
Attached for your information and files are copies of the above-mentioned ordinance
that rezones the land described in the ordinance. The City Commission adopted this
ordinance on January 3, 2006.
If you have any questions concerning these ordinances, please do not hesitate to
contact me.
Sincerely,
CITY OF BOYNTON BEACH
'fn.~
t M. Prainito, CMC
Clerk
Attachments
S:\CC\WP\Rezoning\rezoning form merge letter - Ordinance 05-071 - Ol-03-06.doc
America's Gateway to the Gulfstream
Meeting Minutes
Regular Commission Meeting
Boynton Beach, FL January 3, 2006
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 05-070. Vice Mayor McKoy
seconded the motion.
Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor
closed the public hearing.
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City Clerk Prainito called the roll. The motion passed 5-0.
3. Proposed Ordinanc:e No. 05-071 Re: Requesting to
rezone from Planned Unit Development (PUD) and R-l-AA Single Family
Residential to Infill Planned Unit Development (IPUD) (Estancia @
Boynton Beach)
Attorney Cirullo read Proposed Ordinance 05-071 by title only.
Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor
closed the public hearing.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 05-071. Vice Mayor McKoy
seconded the motion.
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City Clerk Prainito called the roll. The motion passed 5-0.
a. Estancia @ Boynton Beach (NWSP 05-026) Request for new
site plan approval to construct 30 townhouse units and related
site improvements on 2.65 acres to be rezoned Infill Planned Unit
Development (IPUD)
Motion
Commissioner McCray moved to approve NWSP 05-026. Vice Mayor McKoy seconded the
motion. The motion passed unanimously.
B. Ordinance - 1st Reading
1. Proposed Ordinance No. 06-010 Re: Approving abandonment
of a portion to North Circle Drive (aka NE 17th Avenue) and a portion of
South Circle Drive (fka NE 16th Drive) from NE 3'd Court westward to the
Four Sea Suns Condominium, Inc. complex.
Attorney Cirullo read Proposed Ordinance 06-010 by title only.
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