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04-021ORDINANCE NO. 04- ~ I 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF NATIONAL LAND COMPANY, INC., AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING A PARCEL OF LAND MORE PARTICULARLY DES CRIBED HEREIN, FROM GC-GENERAL COMMERCE, AR-AGRICULTURAL RESIDENTIAL, RS-RESIDENTIAL (PALM BEACH COUNTY) TO R1-AAB SINGLE FAMILY RESIDENTIAL; 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, National Land Company, Inc., owner of the property more particularly described hereinafter, and known as Bermuda Bay, has heretofore filed a Petition, through his agent, Michael J. Covelli, Caulfield & Wheeler, Inc., pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a tract of land consisting of approximately 17.12 acres, said land being more particularly described hereinafter, from GC-General Commerce, AR-Agricultural Residential, RS-Residential (Palm Beach County) to R-1-AAB (Single Family Residential); and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and S:\CA\Ordinances\PlanninghRezoning\Rezoning - Bermuda Bay.doc 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public heating heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The following described land, located in the City of Boynton Beach, Florida as set forth as follows: A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHERE THE EAST RIGHT-OF-WAY OF STATE ROAD 9 (I-95) INTERSECTS THE NORTH LINE OF THE SOUTH 3A OF THE SOUTH V2 OF SAID SECTION 5, SAID POINT ALSO BEING 387.38 FEET (AS MEASURED ALONG SAID EAST RIGHT-OF-WAY LINE) SOUTH OF THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, "LAKE VIEW HAVEN", AS RECORDED IN PLAT BOOK 32, PAGES 53 AND 54 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID RIGHT-OF-WAY LINE S18°31'15"W (ASSUMED). A DISTANCE OF 950.91 FEET THENCE N 65°52"48"E, A DISTANCE OF 90.85 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 106.26 FEET AND A CENTRAL ANGLE OF 53°41'47" A DISTANCE OF 99.58 FEET; THENCE S59°34'14"E A DISTANCE OF 99.58 FEET; THENCE S 59°34'14"E, A DISTANCE OF 93.09 FEET; THENCE N30°25'46"E, A DISTANCE OF 137.40 FEET; THENCE S89°34'14"E, A DISTANCE OF 275.96 FEET; THENCE N01°39'45"E, A DISTANCE OF 125.40 FEET; THENCE N37°41'35"E, A DISTANCE OF 88.34 FEET; THENCE N00°52'00"E, A DISTANCE OF 5.28 S:\CA\OrdinancesLPlanning~RezoningLRezoning - Bermuda Bay.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 FEET TO THE INTERSECTION OF THE WESTERLY LINE OF BLOCK 1, "LAKE EDEN SUBDIVISION PLAT NO.2", AS RECORDED IN PLAT BOOK 29, PAGE 53, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N21°14'45"W ALONG SAID WESTERLY LINE OF BLOCK 1, A DISTANCE OF 803.98 FEET TO THE MOST WESTERLY CORNER OF LOT 1 OF SAID BLOCK 1 OF "LAKE EDEN SUBDIVISION PLAT NO. 2"; THENCE N18°30'15"E ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 101.11 FEET TO THE SOUTHEAST CORNER OF PARCEL A, AS SHOWN ON THE PLAT OF "LAKE VIEW HAVEN", AS RECORDED IN PLAT BOOK 32 ON PAGES 53 AND 54, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N71°28'45"W ALONG THE SOUTH LINE OF SAID PARCEL A, A DISTANCE OF 199.88 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL A; THENCE N18°31'15"E ALONG THE WEST LINE OF SAID PARCEL A, A DISTANCE OF 60.00 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 1, OF THE SAID PLAT OF "LAKE VIEW HAVEN"; THENCE N71°28'45"W ALONG THE SOUTH LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 110.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1, BLOCK 1 AND THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD 9 (I-95); THENCE S18°31'15"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE , A DISTANCE OF 387.38 FEET TO THE POINT OF BEGINNING AFOREDESCRIBED. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. CONTAINING 745,806 SQUARE FEET/17.121 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS AND RIGHTS-OF-WAY OF RECORD. be and the same is hereby rezoned from GC-General Commerce, AR-Agricultural Residential, RS-Residential (Palm Beach County) to R1-AAB Single Family Residential. A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 4: hereby repealed. Section 6: All ordinances or parts of ordinances in conflict herewith are Should any section or provision of this Ordinance or any portion S:\CA\OrdinancesLPlanningkRezoningLRezoning - Bermuda Bay.doc 1 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 2 not affect the remainder of this Ordinance. Section 7. This ordinance shall become effective immediately upon passage. 4 FIRST READING this '7 day of ~ Or; I ,2004. ! 5 SECOND, FINAL READING and PASSAGE this ~ day of i~c; [ ,2004. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST: 25 26 2 7 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA ~yor / C,/__.7 ~ S:\CA\Ordinances~ur'lanning~RezoningXRezoning - Bermuda Bay.doc 1 In. = 500.0 feet BERMUDA BAY EXHIBIT "A"