04-0571
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ORDINANCE NO. 04- 0~7
AN ORDINANCE OF THE CITY OF
BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF
SOUTHERN HOMES OF PALM BEACH,
LLC, AMENDING ORDINANCE 02-013 OF
SAID CITY BY REZONING A PARCEL OF
LAND MORE PARTICULARLY
DESCRIBED HEREIN, FROM GC-
GENERAL COMMERCIAL AND MULTI-
FAMII.Y RESIDENTIAL (PALM BEACH
COUNTY) 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
.dopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said
.'ity; and
WHEREAS, Southern Homes of Palm Beach, LLC, owner of the property
nore particularly described hereinafter, has heretofore filed a Petition, through its
.gent, Carols J. Ballbe/Keith & Ballbe, Incorporated, pursuant to Section 9 of
[ppendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for
he purpose of rezoning a tract of land consisting of approximately 7.39 acres, said
and being more particularly described hereinafter, from GC General Commercial
nd Multi-family Residential (Palm Beach County) to Infill Planned Unit
)evelopment (IPUD); and
WHEREAS, the City Commission conducted a public heating and heard
:stimony and received evidence which the Commission finds supports a rezoning for
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[he property hereinafter described; and
WHEREAS, the City Commission finds that the proposed rezoning is
:onsistent with an amendment to the Land Use which was contemporaneously
:onsidered and approved at the public heating heretofore referenced; and
WHEREAS, the City Commission deems it in the best interests of the
nhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter
;et forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
2OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing Whereas clauses are true and correct and
ncorporated herein by this reference.
gection 2. The following described land, located in the City of Boynton Beach,
~lorida as set forth as follows:
APARCEL OF LAND IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43
ST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
)ESCRIBED AS FOLLOWS:
20FIMENCE AT THE NORTHEAST CORNER OF LOT 48, "TRADE WINDS
~STATES FIRST ADDITION" ACCORDING TO THE PLAT THEREOF AS
~ECORDED IN PLAT BOOK 22, PAGE 44 OF THE PUBLIC RECORDS OF
~ALM BEACH COUNTY, FLORIDA, SAID CORNER BEING ON THE
~ESTERLY RIGHT-OF-WAY LINE OF THE INTRACOASTAL WATERWAY;
?HENCE NORTH 05o26'06'' EAST ON SAID WESTERLY RIGHT-OF-WAY
JINE 365.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH
19°18'46" WEST 385.00 FEET; THENCE NORTH 05°26'06'' EAST 4.08
FEET; THENCE SOUTH 89o18'46'' WEST 35.00 FEET; THENCE SOUTH
)5°26'06'' WEST 174.98 FEET; THENCE SOUTH 89o18'46'' WEST 236.14
FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE
iOUTHEAST; THENCE SOUTHWESTERLY ON THE ARC OF SAID CURVE,
gITH A RADIUS OF 102.47 FEET AND A CENTRAL ANGLE OF 34°34'00''
~ ARC DISTANCE OF 61.82 FEET TO A POINT OF REVERSE
~URVATURE OF A CIRCULAR CURVE, CONCAVE NORTHWEST; THENCE
iOUTHWESTERLY ON THE ARC OF SAID CURVE, WITH A RADIUS OF
12.59 FEET AND A CENTRAL ANGLE OF 34034'00'' AN ARC DISTANCE
)F 49.83 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89o18'46''
lEST 94.20 FEET TO THE INTERSECTION WITH THE EASTERLY
lIGHT-OF-WAY OF U.S. HIGHWAY NO. 1 (STATE ROAD NO. 5), SAID
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INTERSECTION BEING ON THE ARC OF A CIRCULAR CURVE, CONCAVE
~EST, THE RADIUS POINT OF WHICH BEARS NORTH 73o25'48'' WEST;
FHENCE NORTHERLY ON SAID EASTERLY RIGHT-OF-WAY AND ON THE
~RC OF SAID CURVE, WITH A RADIUS OF 11,509.20 FEET AND A
2ENTRAL ANGLE OF 02o23'09'' AN ARC DISTANCE OF 479.27 FEET;
?HENCE NORTH 89°14'41'' EAST 245.48 FEET; THENCE NORTH
]5o26'06'' EAST 95.70 FEET TO THE INTERSECTION WITH A LINE
?ARALLEL WITH AND 578.97 FEET SOUTH OF THE NORTH LINE OF
~AID SECTION 4; THENCE NORTH 89o18'46'' EAST ON SAID PARALLEL
LINE 274.00 FEET; THENCE SOUTH 06o36'55'' WEST 40.21 FEET TO
FHE INTERSECTION WITH A LINE PARALLEL WITH AND 618.85 FEET
~OUTH OF THE NORTH LINE OF SAID SECTION 4; THENCE NORTH
39°18'46'' 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''
~EST ON SAID WESTERLY RIGHT-OF-WAY LINE 315.29 FEET TO THE
?OINT OF BEGINNING.
~AID LANDS SITUATE, LYING AND BEING IN THE CITY OF DELRAY
3EACH, PALM BEACH COUNTY, FLORIDA, AND CONTAINING 317,676
SQUARE FEET, 7.2928 ACRES.
e and the same is hereby rezoned from GC General Commercial and Multi-family
.esidential (Palm Beach County) to Infill Planned Unit Development (IPUD). A location
lap 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
:cordingly.
Section 4: All ordinances or parts of ordinances in conflict herewith are
~ereby repealed.
Section 6: Should any section or provision of this Ordinance or any portion
lereof be declared by a court of competent jurisdiction to be invalid, such decision shall
>t affect the remainder of this Ordinance.
Section 7. This ordinance shall become effective immediately upon passage.
~-'IRST READING this oQO day of do,I,,/ , 2004.
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SEIZOND, FINAL READING and PASSAGE this
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day of ~, 2004.
CITY OF BOYNTON BEACH, FLORIDA
~m~ner
Co~,~ion_e~'~ 7_~ ~
2it~lerk -
[Corporate Seal)
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