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04-056 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 30 31 ORDINANCE NO. 04- O~'~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY CONSISTING OF APPROXIMATELY 7.29 ACRES AND LOCATED ON THE EAST SIDE OF FEDERAL HIGHWAY, NORTH OF CHUKKER ROAD; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF TIlE COMPREHENSIVE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREIN; THE LAND USE DESIGNATION IS BEING CHANGED FROMCH-5 AND MR-5 (PALM BEACH COUNTY) TO SPECIAL HIGH 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 iS:\CA\Ordinances\Planning\Land Use\Waterside Land Use.doc incorporated herein by this reference. 2 4 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 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as Special High Density Residential (SHDR). Said land is more particularly described as follows: A PARCEL OF LAND IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 48, "TRADE WINDS ESTATES FIRST ADDITION" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 44 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID CORNER BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF THE INTRACOASTAL WATERWAY; THENCE NORTH 05026'06'' EAST ON SAID WESTERLY RIGHT-OF-WAY LINE 365.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89018'46'' WEST 385.00 FEET; THENCE NORTH 05°26'06" EAST 4.08 FEET; THENCE SOUTH 89°18'46" WEST 35.00 FEET; THENCE SOUTH 05026'06'' WEST 174.98 FEET; THENCE SOUTH 89018'46'' WEST 236.14 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE SOUTHEAST; THENCE SOUTHWESTERLY ON THE ARC OF SAID CURVE, WITH A RADIUS OF 102.47 FEET AND A CENTRAL ANGLE OF 34034'00'' AN ARC DISTANCE OF 61.82 FEET TO A POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE, CONCAVE NORTHWEST; THENCE SOUTHWESTERLY ON THE ARC OF SAID CURVE, WITH A RADIUS OF 82.59 FEET AND A CENTRAL ANGLE OF 34o34'00'' AN ARC DISTANCE OF 49.83 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89°18'46" WEST 94.20 FEET TO THE INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. 1 (STATE ROAD NO. 5), SAID INTERSECTION BEING ON THE ARC OF A CIRCULAR CURVE, CONCAVE WEST, THE RADIUS POINT OF WHICH BEARS NORTH 73025'48'' WEST; THENCE NORTHERLY ON SAID EASTERLY RIGHT-OF-WAY AND ON THE ARC OF SAID CURVE, WITH A RADIUS OF 11,509.20 FEET AND A CENTRAL ANGLE OF 02023'09'' AN ARC DISTANCE OF 479.27 FEET; THENCE NORTH 89°14'41'' EAST 245.48 FEET; THENCE NORTH 05026'06'' EAST 95.70 FEET TO THE INTERSECTION WITH A LINE PARALI~EL WITH AND 578.97 FEET SOUTH OF THE NORTH LINE OF S:\CA\Ordinances\Planning\Land Use\Waterside Land Use.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 SAID SECTION 4; THENCE NORTH 89© 18'46" EAST ON SAID PARA!.I .EL LINE 274.00 FEET; THENCE SOUTH 06036'55'' WEST 40.21 FEET TO THE INTERSECTION WITH A LINE PARALLEL WITH AND 618.85 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 4; THENCE NORTH 89018'46'' EAST ON SAID PARALLEL LINE 250.00 FEET TO THE INTERSECTION WITH THE AFOREMENTIONED WESTERLY RIGHT-OF-WAY LINE OF THE INTRACOASTAL WATERWAY; THENCE SOUTH 05026'06'' WEST ON SAID WESTERLY RIGHT-OF-WAY LINE 315.29 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAINING 317,676 SQUARE FEET, 7.2928 ACRES. 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 o~O day of ',J~[~ ,2004. S:\CA\Ordinances\P!anning\Land Use\Waterside Land Use.doc 1 2 2004. SECOND, FINAL READING and PASSAGE this day of ~, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ATTEST: /Ci~Clerk (Corporate Seal) CITY OF BOYNTON BEACH,` FLORIDA {Commi~ihr~--'~_/~'' /,F ) S: \CA\Ordinances\Planning\Land Use\Waterside Land Use.doc