06-006
II
1 ORDINANCE NO, 06-00b
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF EAST COAST COMMUNITIES,
6 INC" AMENDING ORDINANCE 02-013 TO REZONE
7 A PARCEL OF LAND LOCATED
8 APPROXIMATELY ONE-QUARTER MILE NORTH
9 OF GULFSTREAM BOULEVARD BETWEEN
10 FEDERAL HIGHWAY AND OLD DIXIE HIGHWAY,
11 AS MORE FULLY DESCRIBED HEREIN, FROM
12 COMMUNITY COMMERCIAL (C-3), GENERAL
13 COMMERCIAL (C-4) CITY AND RESIDENTIAL
14 (RM) AND GENERAL COMMERCIAL (CG) PALM
15 BEACH COUNTY TO PLANNED UNIT
16 DEVELOPMENT (PUD); PROVIDING FOR
17 CONFLICTS, SEVERABILITY, AND AN
18 EFFECTIVE DATE.
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, East Coast Communities, applicant for the property located
23 approximately one-quarter mile north of Gulfstream Boulevard between Federal Highway and
24 Old Dixie Highway in Boynton Beach, Florida, as more particularly described herein, has filed
25 a Petition, through its agent, Ruden McCloskey, pursuant to Section 9 of Appendix A-Zoning,
2 6 of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a
2 7 parcel of land, said land being more particularly described hereinafter, from Community
28 Commercial (C-3), General Commercial (C-4) City and Residential (RM) and General
29 Commercial (CG) Palm Beach County to Planned Unit Development (PUD); and
30 WHEREAS, the City Commission conducted a public hearing and heard testimony
31 and received evidence which the Commission finds supports a rezoning for the property
32 hereinafter described; and
$:\CA \Ordinances\Planning\Rezoning\Rezoning _ Palm Cove. doc
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1 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
2 an amendment to the Land Use which was contemporaneously considered and approved at the
3 public hearing heretofore referenced; and
4 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
5 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth,
6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
7 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
8
Section I.
The foregoing Whereas clauses are true and correct and incorporated
9 herein by this reference,
10
Section 2.
The following described land located approximately one-quarter mile
11 north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway in the City
12 of Boynton Beach, Florida, as set forth as follows:
13 See Legal Description Attached hereto as Exhibit "A".
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16 be and the same is hereby rezoned from Community Commercial (C-3), General Commercial
17 (C-4) City and Residential (RM) and General Commercial (CG) Palm Beach County to Planned
18 Unit Development (PUD) , A location map is attached hereto as Exhibit "B" and made a part
19 of this Ordinance by reference.
2 0 Section 3, That the aforesaid Revised Zoning Map of the City shall be amended
21 accordingly.
22
Section 4. All ordinances or parts of ordinances III conflict herewith are hereby
2 3 repealed,
2 4 Section 5 , Should any section or provision of this Ordinance or any portion thereof be
S:\CA \Ordinances\Planning\Rezoning\Rezoning _ Palm Cove.doc
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declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
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remainder of this Ordinance.
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Section 6. This ordinance shall become effective immediately upon passage.
FIRST READING this ~ day of JOJ)~.,..., ,2006.
SECOND, FINAL READING and PASSAGE this -'L day of JllJ\l1Ar1-' 2006,
CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
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Commissioner
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Commissioner
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S:\CA\Ordinances\Planning\Rezoning\Rezoning - Palm Cove.doc
LEGAL DESCRIPTION
That part of Lot 59, "Amended Plat of Trade Winds Estates, a Subdivision," according to
the Plat thereof, recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach
County, Florida; lying west of the right-of-way of State Road 5 (U.S, Highway No. I) as
conveyed to Palm Beach County, Florida, by a deed recorded in Official Records Book
124, Page 638 of the Public Records of Palm Beach County, Florida.
Together with:
Lots 37, 38 and 58 of "Amended Plat of Trade Winds Estates," according to the Plat
recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach County, Florida,
less that portion deeded to the State of Florida by instrument in Official Records Book
104, page 35.
Together with:
Lot 15, "Killian's Park, a Subdivision," according to the Plat thereof, as recorded in Plat
Book 23, Page 195, in the Public Records of Palm Beach County, Florida, less that
portion of Lot 15 conveyed to the State of Florida by a Warranty Deed recorded in
Official Records Book 119, Page 453, of the Public Records of Palm Beach County,
Florida.
Together with:
All of Lots 6 through 14 and Lots 16 through 29 of "Killian's Park" recorded in Plat
Book 23, Page 195, in the Public Records of Palm Beach County, Florida.
Together with:
The 30-foot right-of-way of Miller Road as shown on the Plat of "Killian's Park"
recorded in Plat Book 23, Page 195, in the Public Records of Palm Beach County,
Florida, adjoining Lots 6 thru 14 of said "Killian's Park."
Said lands containing 7.402 acres, more or less,
Exhibit "A"
WPB:214125:1
LOCATION MAP
Palm Cove (a.k.a. Miller Road)
ANEX 05-005 & LUAR 05-014
Exhibit f3
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