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"