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ORDINANCE NO. 05- Dr.l5"
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF NEW CENTURY COMPANIES,
LLC AND THIRTY SIX HUNDRED HOLDINGS,
LLC, AMENDING ORDINANCE 02-013 TO REZONE
A PARCEL OF LAND LOCATED ON THE
NORTHWEST CORNER OF THE INTERSECTION
OF FEDERAL HIGHWAY AND GULFSTREAM
BOULEVARD, BOYNTON BEACH, FLORIDA, AS
MORE FULL Y DESCRIBED HEREIN, FROM
COMMUNITY COMMERCIAL (C-3) TO PLANNED
UNIT DEVELOPMENT (PUD); PROVIDING FOR
CONFLICTS. SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
WHEREAS, Thirty Six Hundred Holdings, LLC, owner of the property located on the
Northwest comer of the intersection of Federal Highway and Gulfstream Boulevard in
Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through its
agent Weiner & Aronson, P.A., pursuant to Section 9 of Appendix A-Zoning, of the Code of
Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said
land being more particularly described hereinafter, from Community Commercial (C-3) to
Planned Unit Development (PUD); and
WHEREAS, the City Commission conducted a public hearing and heard testimony
and received evidence which the Commission finds supports a rezoning for the property
hereinafter described; and
WHEREAS, the City Commission finds that the proposed rezoning is consistent with
an amendment to the Land Use which was contemporaneously considered and approved at the
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1 public hearing heretofore referenced; and
2 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
3 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing Whereas clauses are true and correct and incorporated
7 herein by this reference.
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Section 2.
The following described land, Northwest comer of the intersection of
9 Federal Highway and Gulfstream Boulevard in the City of Boynton Beach, Florida, as set forth
10 as follows:
11 See legal description attached hereto.
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14 be and the same is hereby rezoned from Community Commercial (C-3) to Planned Unit
15 Development (PUD). A location map is attached hereto as Exhibit "A" and made a part of this
16 Ordinance by reference.
17 Section 3.
18 accordingly.
19 Section 4.
20 repealed.
21 Section 5.
That the aforesaid Revised Zoning Map of the City shall be amended
All ordinances or parts of ordinances in conflict herewith are hereby
Should any section or provision of this Ordinance or any portion thereof be
22 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
23 remainder of this Ordinance.
24 Section 6. This ordinance shall become effective immediately upon passage.
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1 FIRST READING this ~ day of Au3usr, 2005.
2 SECOND, FINAL READING and PASSAGE this ~ day of AU(.,US'f ,2005.
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23 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
:t:one~ .
,
Commissioner
. i/;,K7
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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 P ARTICULARL Y DESCRIBED AS FOLLOWS:
LAND IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
THAT PART OF THE SOUTH HALF(S1I2) OF THE SOUTHWEST QUARTER (SWl/4) OF THE
NORTHEAST QUARTER (NE1I4) 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 RAIL WAY, 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 RAIL WAY, A DISTANCE OF 62.67 FEET TO AN
INTERSECTION WITH THE NORTHERLY RIGHT -OF- WAY LINE, OF GULF STREAM
BOULEVARD, THENCE EASTERLY ALONG SAID NORTHERLY 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
CURVE, 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(Sl/2) OF THE SOUTHWEST ONE QUARTER
(SWl/4) OF THE NORTHEAST ONE QUARTER (NEl/4) 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 (SII2) OF THE SOUTHWEST ONE QUARTER (SWl/4) OF THE NORTHEAST ONE
QUARTER (NEl/4) OF SAID SECTION 4.