04-082
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¡' ORDINANCE NO. 04- 082-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE APPLICATION
5 TO REZONE 9.99 ACRES OF LAND, AMENDING
6 ORDINANCE 02-013 TO REZONE A PARCEL OF
7 LAND FROM COMMERCIAL GENERAL DISTRICT
8 (CG); GENERAL COMMERCIAL (C-4) AND
9 COMMUNITY COMMERCIAL (C-3) TO PLANNED
10 UNIT DEVELOPMENT (PUD); PROVIDING FOR
11 CONFLICTS, SEVERABILITY AND AN EFFECTIVE
12 DATE.
13
14 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
15 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for
16 said City; and
17 WHEREAS, Bradley Miller of Miller Land Planning Consultants, Inc., as
18 agent for the multiple property owners, the property being more particularly
19 described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of
20 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida,
21 for the purpose of rezoning a parcel of land consisting of approximately 9.99 acres,
22 said land being more particularly described hereinafter, from Commercial General;
23 General Commercial (C-4) and Community Commercial (C-3) to Planned Unit
24 Development (PUD); and
25 WHEREAS, the City Commission conducted a public hearing and heard
26 testimony and received evidence which the Commission finds supports a rezoning
27 for the property hereinafter described; and
28 WHEREAS, the City Commission finds that the proposed rezoning is
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1 consistent with an amendment to the Land Use which was contemporaneously
2 considered and approved at the public hearing heretofore referenced; and
3 WHEREAS, the City Commission deems it in the best interests of the
4 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter
5 set forth.
6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY
7 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
8 Section 1. The foregoing Whereas clauses are true and correct and
9 I incorporated herein by this reference.
10 I Section 2. The following described land, located in the City of Boynton
11 I Beach, Florida as set forth as follows:
12 See Legal Description attached as Exhibit "A"
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14 be and the same is hereby rezoned from Commercial General; General Commercial (C-4)
15 and Community Commercial (C-3) to Planned Unit Development (PUD). A location
16 map is attached hereto as Exhibit "B" and made a part of this Ordinance by reference.
17 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
18 accordingly.
19 Section 4. All ordinances or parts of ordinances in conflict herewith are
20 hereby repealed.
21 Section 5. Should any section or provision of this Ordinance or any portion
22 hereofbe declared by a court of competent jurisdiction to be invalid, such decision shall
23 ot affect the remainder of this Ordinance.
24 Section 6. This ordinance shall become effective immediately upon passage.
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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
I 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.
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2 FIRST READING this ~ day of OC.Tob~-r ,2004.
3 SECOND, FINAL READING and PASSAGE this ~ day of t--lc,,~M.'oU", 2004.
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Exhibit "An
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
COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; THENCE RUN
EASTERL YL 484.20 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY
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
I POINT OF BEGINNING, THENCE RUN EASTERL Y PARALLEL TO THE NORTH LINE
I OF TRACT 51 OF THE SAID TRADE WINDS ESTATES, A DISTANCE OF 100 FEET,
TO A POINT; THENCE RUN SOUTHERL Y, PARALLEL TO THE EAST LINE OF THE
I 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
I TRACT 51, A DISTANCE OF 186.77 FEET TO A POINT; THENCE RUN NORTHERLY,
AT AN ANGLE OF 107°37' (TURNED FROM WEST TO NORTH) WITH THE NORTH
, LINE OF THE SAID TRACT 51, A DISTANCE OF 200 FEET, TO A POINT; THENCE
RUN WESTERL Y, PARALLEL WITH THE NORTH LINE OF THE SAID TRACT 51, A
DISTANCE OF 316.39 FEET TO THE NORTHEAST CORNER OF TRACT 46 OF THE
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