05-044
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1 ORDINANCE NO. 05- oLJif
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE
5 89-38 BY AMENDING THE FUTURE LAND USE
6 ELEMENT OF THE COMPREHENSIVE PLAN
7 FOR A PARCEL OWNED BY THIRTY SIX
8 HUNDRED HOLDINGS, LLC, AND LOCATED
9 ON THE NORTHWEST CORNER OF THE
10 INTERSECTION OF FEDERAL HIGHWAY AND
11 GULFSTREAM BOULEVARD; CHANGING THE
12 LAND USE DESIGNATION FROM LOCAL
13 RETAIL COMMERCIAL (LRC) TO SPECIAL
14 HIGH DENSITY RESIDENTIAL (SHDR);
15 PROVIDING FOR CONFLICTS, SEVERABILITY,
16 AND AN EFFECTIVE DATE.
17
18 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has
19 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
20 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local
2 1 Government Comprehensive Planning Act; and
22 WHEREAS, the procedure for amendment of a Future Land Use Element of a
23 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed;
24 and
25 WHEREAS, after two (2) public hearings the City Commission acting in its
26 dual capacity as Local Planning Agency and City Commission finds that the
27 amendment hereinafter set forth is consistent with the City's adopted Comprehensive
28 Plan and deems it in the best interest of the inhabitants of said City to amend the
29 aforesaid Element of the Comprehensive Plan as provided.
30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1: The foregoing WHEREAS clauses are true and correct and
2 incorporated herein by this reference.
3
Section 2:
Ordinance No. 89-38 ofthe City is hereby amended to reflect the
4 following:
5 That the Future Land Use of the following described land located on the
6 Northwest comer ofthe intersection of Federal Highway and Gulfstream Boulevard in
7 Boynton Beach, Florida shall be changed from Local Retail Commercial (LRC) and
8 shall now be designated as Special High Density Residential (SHDR):
9 See legal description attached hereto.
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12 Subject to easements, restrictions, reservation and rights of way of record.
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15 Section 3: That any maps adopted in accordance with the Future Land Use Element
16 of the Future Land Use Plan shall be amended accordingly.
1 7 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
18 repealed.
19 Section 5: Should any section or provision ofthis Ordinance or any portion thereof
20 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
21 the remainder of this Ordinance.
22 Section 6: This Ordinance shall take effect on adoption, subject to the review,
23 challenge, or appeal provisions provided by the Florida Local Government Comprehensive
24 Planning and Land Development Regulation Act. No party shall be vested of any right by
25 virtue of the adoption ofthis Ordinance until all statutory required review is complete and
26 all legal challenges, including appeals, are exhausted. In the event that the effective date is
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1 established by state law or special act, the provisions of state act shall control.
2 FIRST READING this ~ day of A ~~ , 2005. ,
3 SECOND, FINAL READING and PASSAGE this 1?0J day or(Jr
4 2005.
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26 (Corporate Seal)
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CITY OF BOYNTON BEACH, FLORIDA
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Commissioner
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LEGAL DESCRIPTION
THAT CERTAIN PLACE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN
THE CITY OF BOYNTON BEACH, COUNTY OF PALM BEACH AND STATE OF FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
LAND IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PART OF THE SOUTH HALF(SII2) OF THE SOUTHWEST QUARTER (SWl/4) OF THE
NORTHEAST QUARTER (NEl/4) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA,LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF
OLD DIXIE HIGHWAY, AS NOW LAID OUT AND IN USE, WEST OF THE WEST RIGHT-OF-
WAY LINE OF STATE ROAD 5 (US NO.1), AS DESCRIBED IN OFFICIAL RECORDS BOOK
160, PAGE 581, AND NORTH OF THE RIGHT-OF-WAY OF GULFSTREAM BOULEVARD,AS
DESCRIBED IN OFFICIAL RECORDS BOOK 944, PAGE 117, LESS THE FOLLOWING
DESCRIBED TRACTS:
TRACT A:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF THE
FLORIDA EAST COAST RAILWAY WITH THE EAST-WEST QUARTER SECTION LINE OF
SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA;
THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF
370.00 FEET; THENCE EASTERLY AT RIGHT ANGLES WITH THE SAID EASTERLY RIGHT-
OF - WAY LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE EASTERLY ALONG THE SAME COURSE, A DISTANCE OF 60.00 FEET;
THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, A
DISTANCE OF 30.00 FEET;THENCE WESTERLY AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, A DISTANCE OF 60.00 FEET; THENCE SOUTHERLY AT RIGHT
ANGLES TO THE LAST DESCRIBED COURSE,A DISTANCE OF 30.00 FEET TO THE POINT
OF BEGINNING.
TRACTB
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF THE
FLORIDA EAST COAST RAILWAY WITH THE EAST-WEST QUARTER SECTION LINE OF
SECTION 4,TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA;
THENCE EASTERLY ALONG SAID EAST-WEST QUARTER SECTION LINE, A DISTANCE
OF 80.90 FEET; THENCE NORTHERLY PARALLEL WITH THE SAID EASTERLY RIGHT-OF-
WAY LINE OF THE FLORIDA EAST COAST RAILWAY, A DISTANCE OF 62.67 FEET TO AN
INTERSECTION WITH THE NORTHERLY RIGHT -OF- WAY LINE, OF GULFSTREAM
BOULEVARD, THENCE EASTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE,A
DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE EASTERLY
ALONG THE NORTHERLY RIGHT -OF- WAY LINE OF GULFSTREAM BOULEVARD, A
DISTANCE OF 40.0 FEET; THENCE NORTHERLY AT RIGHT ANGLES, A DISTANCE OF 40.0
FEET, THENCE WESTERLY AT RIGHT ANGLES, A DISTANCE OF 40.0 FEET, THENCE
SOUTHERLY AT RIGHT ANGLES, A DISTANCE OF 40.00 FEET TO THE POINT OF
BEGINNING.
TRACT C:
COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF
THE FLORIDA EAST COAST RAILWAY WITH THE EAST-WEST QUARTER SECTION LINE
OF SECTION 4,TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA;
THENCE EASTERLY ALONG SAID EAST-WEST QUARTER SECTION LINE, A DISTANCE
OF 80.90 FEET; THENCE NORTHERLY PARALLEL WITH THE SAID EASTERLY RIGHT-OF-
WAY OF THE FLORIDA EAST COAST RAILWAY, A DISTANCE OF 62.67 FEET TO AN
INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE, OF GULFSTREAM
BOULEVARD, THENCE EASTERLY ALONG SAID NORTHERL Y RIGHT-OF-WAY LINE, A
DISTANCE OF 70.55 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO
THE SOUTH HAVING A RADIUS OF 1950.08 FEET AND A CENTRAL ANGLE OF 5
DEGREES 59 MINUTES 38 SECONDS; THENCE EASTERLY ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 204 FEET; THENCE CONTINUE EASTERLY ALONG SAID RIGHT-
OF-WAY LINE, TANGENT TO SAID CURVE,A DISTANCE OF 68.82 FEET TO THE POINT OF
BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE CONTINUE
EASTERLY ALONG THE SAME COURSE, A DISTANCE OF 217.96 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 20
FEET AND A CENTRAL ANGLE OF 72 DEGREES 27 MINUTES 50 SECONDS; THENCE
EASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 25.29
FEET TO A POINT IN THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.1 (S.R.
NO.5); THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY LINE TANGENT TO SAID
ClJRVE, A DISTANCE OF 180.03 FEET; THENCE WESTERLY MAKING AN ANGLE WITH
THE PRECEDING COURSE OF 107 DEGREES 33 MINUTES 34 SECONDS, MEASURED FROM
NORTH TO WEST, A DISTANCE OF 263.45 FEET; THENCE SOUTHERLY MAKING AN
ANGLE WITH THE THE PRECEDING COURSE OF 98 DEGREES 33 MINUTES 12 SECONDS
MEASURED FROM EAST TO SOUTH, A DISTANCE OF 187.60 FEET TO THE POINT OF
BEGINNING AFOREDESCRIBED.
TRACT D:
THAT PORTION OF THE SOUTH ONE HALF(S1I2) OF THE SOUTHWEST ONE QUARTER
(SW1I4) OF THE NORTHEAST ONE QUARTER (NE1I4) OF SECTION 4, TOWNSHIP 46
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WEST OF THE
WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO.5 (U.S. HIGHWAY NO. 1) AS
DESCRIBED IN OFFICIAL RECORDS BOOK 160,P AGE 581, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, LYING EAST OF A LINE PARALLEL TO SAID RIGHT-OF-WAY
LINE AND FORTY FEET WEST THEREOF AND LYING NORTH OF A LINE NINETEEN (19)
FEET SOUTH OF AND PARALLEL TO THE NORTH BOUNDARY OF SAID SOUTH ONE
HALF (Sll2) OF THE SOUTHWEST ONE QUARTER (SW1I4) OF THE NORTHEAST ONE
QUARTER (NE1I4) OF SAID SECTION 4.