04-020 1
2
3
4
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
31
ORDINANCE NO. 04- ~o~ O
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING PROPERTY
CONSISTING OF APPROXIMATELY 17.12 ACRES
AND MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING ORDINANCE 89-38 BY AMENDING
THE FUTURE LAND USE ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY FOR THE
SUBJECT PROPERTY THE LAND USE
DESIGNATION IS BEING CHANGED FROM MR-5
RESIDENTIAL (PALM BEACH COUNTY) TO LOW
DENSITY RESIDENTIAL; PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
Use Element by Ordinance No. 89-38 in accordance with the Local Government
Comprehensive Planning Act; and
WHEREAS, the procedure for amendment of a Future Land Use Element of a
Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed;
and
WHEREAS, after public hearing and study, the City Commission deems it in the
best interest of the inhabitants of said City to amend the aforesaid Element of the
Comprehensive Plan as adopted by the City herein.
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.
S:\CA\Ordinances\Planning\Land Use\Bermuda Bay.~oc
Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the
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
38
39
4O
41
following:
That the Future Land Use of the following described land shall be designated as
Low Density Residential (LDR). Said land is more particularly described 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 ~
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 Sl 8°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 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-
S:\CA\Ordinances\Planning\Land Use\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
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.
Section 3: That any maps adopted in accordance with the Future Land Use Element
shall be amended accordingly.
Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 5: Should any section or provision of this Ordinance or any portion thereof
be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
the remainder of this Ordinance.
Section 6: This Ordinance shall take effect on adoption, subject to the review,
challenge, or appeal provisions provided by the Florida Local Government Comprehensive
Planning and Land Development Regulation Act. No party shall be vested of any right by
virtue of the adoption of this Ordinance until all statutory required review is complete and all
legal challenges, including appeals, are exhausted. In the event that the effective date is
established by state law or special act, the provisions of state act shall control.
FIRST READING this 7 day of t~ ~OC,'[ ,2004.
!
,CA\Ordinances\Planning\Land Use\Bermuda Bay.doc
1 ,2004.
3
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECOND, FINAL READING and PASSAGE this ~O dayof A0¢i[
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
S:\CA\Ordinances\Planning\Land Use\Bermuda Bay.doc
500.0 feet
B~tMUDA BAY
EXHIBIT "A"