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05-010 6 7 8 9 10 11 12 13 14 15 16 17 1 2 3 4 5 ORDINANCE NO. 05- 010 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF NEW URBAN COMMUNITIES, TIMOTHY L. HERNANDEZ AND ROGER DECAPITO, ON BEHALF OF PARAMOUNT INVESTMENT GROUP AND GEORGE KECHRIOTIS, TO REZONE A PARCEL OF LAND, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND ON THE NORTHWEST CORNER OF HIGH RIDGE ROAD AND MINER ROAD FROM SINGLE FAMILY RESIDENTIAL (RS) TO PLANNED UNIT DEVELOPMENT (PUD); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 18 19 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 21 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 22 WHEREAS, Paramount Investment Group and George Kechriotis, owner of the 23 property located on the Northwest corner of High Ridge Road and Miner Road in 24 Boynton Beach, Florida, as more particularly described hereinafter, has heretofore filed a 25 Petition, through its agent, New Urban Communities, Timothy L. Hernandez and Roger 26 Decapito, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City 27 of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said land being 28 more particularly described hereinafter, ITom Single Family Residential (RS) to Planned 29 Unit Development (PUD); and 30 WHEREAS, the City Commission conducted a public hearing and heard 31 testimony and received evidence which the Commission finds supports a rezoning for the S:\CA\Ordinances\Planning\Rezoning\Rezoning - HIgh Ridge New Urban.doc II 1 property hereinafter described; and 2 WHEREAS, the City Commission, acting in its dual capacity as Local Planning 3 Agency and City Commission has found that the proposed rezoning is consistent with an 4 amendment to the Land Use which was contemporaneously considered and approved at 5 the public hearing heretofore referenced; and 6 WHEREAS, the City Commission deems it in the best interests of the inhabitants 7 of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 9 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 10 Section 1. The foregoing Whereas clauses are true and correct and incorporated 11 herein by this reference. 12 Section 2. The following described land, located on the Northwest corner of 13 High Ridge Road and Miner Road in the City of Boynton Beach, Florida, as set forth as 14 follows: 15 {See Legal Description attached} 16 17 18 be and the same is hereby rezoned from Single Family Residential (RS) to Planned Unit 19 Development (PUD). A location map is attached hereto as Exhibit "A" and made a part of this 2 0 Ordinance by reference. 21 Section 3. 22 accordingly. 23 Section 4. 24 repealed. That the aforesaid Revised Zoning Map of the City shall be amended All ordinances or parts of ordinances in conflict herewith are hereby S:\CA \Ordinances\Planning\Rezoning\Rezoning - High Ridge New Urban.doc 1 Section 5. Should any section or provision of this Ordinance or any portion thereof be 2 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 3 remainder of this Ordinance. 4 Section 6. This ordinance shall become effective immediately upon passage. 5 FIRST READING this ~ day of Febr(J4('i' 2005. SECOND, FINAL READING and PASSAGE this JL day Of~, 2005. CIT~ ::;rozCH' FLORIDA ~yor - ? 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Vice Mayor ~ 2L¡j .L- X=ioner · r. i0r..---- , Commissioner ATTEST: Commissioner rn.~ S:\CA \Ordinances\Planning\Rezoning\Rezoning - High Ridge New Urban.doc LAND DESCRIPTION SOUTH 1/2 OF GOVERNMENT LOT 7 (PARCEL 1) and PARCEL 2, ACCORDING TO OFFICIAL RECORDS BOOK 15070, PAGE 1193 AND LOTS 33 THROUGH 36 "PLAT OF HIGH RIDGE SUBDIVISION" PLAT BOOK 22, PAGE 6, PALM BEACH COUNTY RECORDS, ALL BEING A PORTION OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST PARCEL 1 THE SOUTH ONE-HALF (S Yz) OF GOVERNMENT LOT 7, IN SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING 12 ACRES MORE OR LESS, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. LESS (LOP1) THE SOUTH 60.00 FEET OF GOVERNMENT LOT 7, SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LESS THE EAST 25.00 FEET THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88°30'45" WEST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 25.05 FEET TO A POINT ON A LINE LYING 25.00 FEET WEST OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE EAST LINE OF SAID SECTION 8 AND THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE CONTINUE SOUTH 88°30'45" WEST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 361.27 FEET TO A POINT; THENCE NORTH 02°53'24" EAST, A DISTANCE OF 60.18 FEET TO A POINT ON A LINE LYING 60.00 FEET NORTH OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 8; THENCE NORTH 88°30'45" EAST, ALONG THE SAID PARALLEL LINE, A DISTANCE OF 360.59 FEET TO A POINT ON A LINE LYING 25.00 FEET WEST OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE EAST LINE OF SAID SECTION 8; THENCE SOUTH 02°14'00" WEST, ALONG THE SAID PARALLEL LINE, A DISTANCE OF 60.13 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID PARCEL CONTAINING 0.4972 ACRES, MORE OR LESS. LESS (LOP2) A TRIANGULAR PARCEL OF LAND FOR ROAD RIGHT OF WAY PURPOSES LYING IN GOVERNMENT LOT 7 OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, STATE OF FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR THE PURPOSE OF THIS DESCRIPTION THE SOUTH LINE OF SAID SECTION 8 IS ASSUMED TO BEAR NORTH 89°16'21" EAST AND ALL BEARINGS RECITED HEREIN ARE RELATIVE THERETO. COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 8; THENCE SOUTH 89°16'21" WEST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 25.05 FEET TO THE EXISTING WEST RIGHT OF WAY LINE OF HIGH RIDGE ROAD, BEING A LINE 25.00 FEET WEST OF (AS MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (SE %) OF SAID SECTION 8; THENCE NORTH 02°59'35" EAST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 60.13 FEET TO A POINT AT THE INTERSECTION WITH A LINE 60.00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 8 AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 02°59'35" EAST ALONG SAID WEST RIGHT OF WAY LINE OF HIGH RIDGE ROAD, A DISTANCE OF 17.41 FEET; THENCE SOUTH 46°07'58" WEST DEPARTING FROM SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 25.41 FEET TO SAID LINE 60.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SECTION 8; THENCE NORTH 89°16'21" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 17.41 FEET TO THE POINT OF BEGINNING. CONTAINING 151.3 SQUARE FEET, MORE OR LESS. PARCEL 2 COMMENCING AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88°30'45" WEST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 386.32 FEET TO THE SOUTHWEST CORNER OF GOVERNMENT LOT 7 OF SAID SECTION 8; THENCE NORTH 02°53'24" EAST ALONG THE WEST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 60.18 FEET TO A POINT ON A LINE LYING 60.00 FEET NORTH OF, WHEN MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 8 AND THE POINT OF BEGINNING; THENCE SOUTH 88°30'45" WEST, ALONG THE SAID PARALLEL LINE, A DISTANCE OF 115.50 FEET TO A POINT; THENCE NORTH 01 °34'02" EAST, A DISTANCE OF 1259.39 FEET TO THE SOUTHWEST CORNER OF LOT 36, ACCORDING TO THE PLAT OF HIGH RIDGE SUBDIVISION, AS RECORDED IN PLAT BOOK 22, PAGE 6, IN AND FOR THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 88°38'08" EAST, ALONG THE SOUTH LINE OF SAID LOT 36, A DISTANCE OF 144.63 FEET TO THE NORTHWEST CORNER OF THE SOUTH ONE-HALF (S Yz) OF SAID GOVERNMENT LOT 7; THENCE SOUTH 02°53'24" WEST, ALONG THE WEST LINE OF SAID GOVERNMENT LOT 7, A DISTANCE OF 1260.96 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID PARCEL CONTAINING 3.7549 ACRES, MORE OR LESS. CONTAINING: 607,577 SQUARE FEET (13.948 ACRES), MORE OR LESS. TOGETHER WITH LOTS 33 THROUGH 36, "PLAT OF HIGH RIDGE SUBDIVISION", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING: 195,721 SQUARE FEET (4.493 ACRES), MORE OR LESS. TOTAL CONTAINING: 803,298 SQUARE FEET (18.441 ACRES), MORE OR LESS. ..........^. __--::-.~~---~-- w___~_ -~-~--~í_~-:'~~'!~~!!:~:::-í~~~i\ \......... . - . I I ¡ I \, , ii' \ . i I : l : i\ ! ¡ II ~ , ,. I , ¡ I I I . ~ì ¡ i, i U, , I ____ .. -J , , , Exhibit A HIGH RIDGE New Urban Communities LUAR 05-002-ANEX 05-001 .¡.."..... ..... .......... I i .j.........-.......u... , r-·.~-~· f r----- f- I ~ " " c ~ ¡ CbMMERCEL -r----T-l-- -r- ii' I ì .. .....1 ..._~_L-__..j......._.. , f"" 590 295 o 590 Feet + -