04-081
II
!
ORDINANCE NO. 04- 0 B , i
1
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE LAND USE
6 ELEMENT OF THE COMPREHENSIVE PLAN FOR
7 A 9.99 ACRE PARCEL; THE LAND USE
8 DESIGNATION IS BEING CHANGED FROM
9 COMMERCIAL HIGH INTENSITY, GENERAL
10 COMMERCIAL AND LOCAL RETAIL
11 COMMERCIAL TO SPECIAL HIGH DENSITY
12 RESIDENTIAL; PROVIDING FOR CONFLICTS,
13 SEVERABILITY, AND AN EFFECTIVE DATE.
14
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
16 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
17 Use Element by Ordinance No. 89-38 in accordance with the Local Government
18 Comprehensive Planning Act; and
19 WHEREAS, the procedure for amendment of a Future Land Use Element of a
20 I Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed;
I
21 and
22 WHEREAS, after public hearing and study, the City Commission deems it in
23 the best interest of the inhabitants of said City to amend the aforesaid Element of the
24 Comprehensive Plan as adopted by the City herein.
25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1: The foregoing WHEREAS clauses are true and correct and
28 incorporated herein by this reference.
29 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the
30 following:
S:\CA\Ordinances\Planning\~and Use\Gulfstream Gardens.doc
I I
r I I
1 That the Future Land Use ofthe following described land shall be designated as
2 Special High Density Residential (SHDR). Said land is more particularly described as
3 follows:
4 See legal description attached hereto as Exhibit "A".
5
6
7 Subject to easements, restrictions, reservation and rights of way of record.
8
9 Said lands situate, lying and being in Palm Beach County, Florida.
10
11 Section 3: That any maps adopted in accordance with the Future Land Use Element
12 shall be amended accordingly.
13 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
14 repealed.
15 Section 5: Should any section or provision of this Ordinance or any portion thereof
16 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
17 the remainder of this Ordinance.
18 Section 6: This Ordinance shall take effect on adoption, subject to the review,
19 challenge, or appeal provisions provided by the Florida Local Government Comprehensive
20 Planning and Land Development Regulation Act. No party shall be vested of any right by
21 virtue of the adoption of this Ordinance until all statutory required review is complete and
22 all legal challenges, including appeals, are exhausted. In the event that the effective date is
23 established by state law or special act, the provisions of state act shall control.
!
24
I
25 FIRST READING this A- day of Oc.Tober ,2004.
I
. ,
26
I:
! :
j
S:\CA'.Ordinar:.ces\Planning\Land Use\Gulfstream Gardens.doc
¡
I
II I
1
2 SECOND, FINAL READING and PASSAGE this ~ day of f4.o",~be£
I
3 ; 2004.
I
:1 CITY OF BOYNTON BEACH, FLORIDA
61
7 I!
8 II
9 I
10
11
12
13
14
15
16
17
18
19
20 ATTEST: ---
I. ¿~-
'( \
21
22
23
24
25
26
I
I
S:\CA\Ordinances\Planning\Land Use\Gulfs~ream Gardens.doc
II
Exhibit "A"
GULFSTREAM GARDENS
LAND DESCRIPTION
(AREA TO BE ANNEXED)
THE SOUTH 200 FEET (AS MEASURED ALONG THE EAST LINE) OF THE WEST 150
FEET (AS MEASURED ALONG THE SOUTH LINE) OF THE EAST 167.83 FEET (AS
. MEASURED ALONG THE SOUTH LINE) OF TRACT A, AS SHOWN BY THE AMENDED
PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 21, PAGE 73, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
TOGETHER WITH:
START AT THE SOUTHWEST CORNER OF LOT 52, TRADE WINDS ESTATES, PALM
: BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEROF ON FILE IN THE
¡ OFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH
I COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; THENCE RUN
; EASTERLYL 484.20 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY
I NO.1; THENCE SOUTHERLY 100 FEET ALONG SAID WEST RIGHT OF WAY LINE;
: THENCE WESTERL Y PARALLEL TO THE NORTH BOUNDARY ABOVE DESCRIBED
TO THE NORTHEAST CORNER OF LOT 46, TRADE WINDS ESTATES; THENCE
NORTHERLY 96.43 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE,
LYING AND BEING IN PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
TRACT 46, TRADE WINDS ESTATES, A SUBDIVISION IN PALM BEACH COUNTY,
FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN THE OFFICE OF
THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,
FLORIDA, IN PLAT BOOK 21, PAGE 73, AND ALSO THE FOLLOWING DESCRIBED
TRACT OF LAND: COMMENCING AT THE SE CORNER OF TRACT 47, AS SHOWN
ON THE PLAT OF TRADE WINDS ESTATES (PLAT BOOK 21, PAGE 73, PALM BEACH
COUNTY PUBLIC RECORDS) RUN NORTHERL Y ALONG THE EAST LINE OF SAID
TRACT 47, A DISTANCE OF 15 FEET TO THE POINT OF BEGINNING; FROM THE
POINT OF BEGINNING, THENCE RUN EASTERLY PARALLEL TO THE NORTH LINE
OF TRACT 51 OF THE SAID TRADE WINDS ESTATES, A DISTANCE OF 100 FEET,
TO A POINT; THENCE RUN SOUTHERLY, PARALLEL TO THE EAST LINE OF THE
SAID TRACT 47, A DISTANCE OF 15 FEET, TO A POINT IN THE NORTH LINE OF THE
SAID TRACT 51; THENCE RUN EASTERL Y ALONG THE NORTH LINE OF THE SAID
TRACT 51, A DISTANCE OF 186.77 FEET TO A POINT; THENCE RUN NORTHERLY,
! AT AN ANGLE OF 10r37' (TURNED FROM WEST TO NORTH) WITH THE NORTH
I LINE OF THE SAID TRACT 51, A DISTANCE OF 200 FEET, TO A POINT; THENCE
I RUN WESTERLY, PARALLEL WITH THE NORTH LINE OF THE SAID TRACT 51, A
I DISTANCE OF 316.39 FEET TO THE NORTHEAST CORNER OF TRACT 46 OF THE
¡
i
I
!
I
I
II
SAID TRADE WINDS ESTATES; THENCE RUN SOUTHERLY A DISTANCE OF 177.70
FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
LOT 52, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT
THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND
FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73;
SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOTS 45 AND 47, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO
THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT
COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK
21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH:
LOT 44, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT
THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND
FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73;
SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA.
SAID LANDS CONTAINING A CALCULATED NET AREA OF 295,133.78 SQUARE FEET
(6.775 ACRES), MORE OR LESS.