07-021
II
1 ORDINANCE NO. 07- O~,
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF THE HAMLET, LTD.,
6 AMENDING ORDINANCE 02-013 TO REZONE A
7 PARCEL OF LAND LOCATED AT 499 BOYNTON
8 BAY CIRCLE, ON THE WEST SIDE OF
9 NORTHEAST 4TH STREET WHICH IS WEST OF
10 FEDERAL HIGHWAY AND SOUTH OF
11 GATEWAY BOULEVARD, AS MORE FULLY
12 DESCRIBED HEREIN, FROM MULTI-FAMILY
13 RESIDENTIAL (R-3) TO PLANNED UNIT
14 DEVELOPMENT (PUD); PROVIDING FOR
15 CONFLICTS, SEVERABILITY, AND AN
16 EFFECTIVE DATE.
17
18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
19 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
2 0 and
21 WHEREAS, The Hamlet, LTD., owner of the property located at 499 Boynton Bay
22 Circle, west side of Northeast 4th Street, which is west of Federal Highway and south of
23 Gateway Boulevard in Boynton Beach, Florida, as more particularly described herein, has
24 filed a Petition, through its agent, Weiner & Aronson, P.A., pursuant to Section 9 of
25 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the
26 purpose of rezoning a parcel of land, said land being more particularly described hereinafter,
27 from Multi-Family Residential (R-3) to Planned Unit Development (PUD); and
28 WHEREAS, the City Commission conducted a public hearing and heard testimony
29 and received evidence which the Commission finds supports a rezoning for the property
3 0 hereinafter described; and
31 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
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1 an amendment to the Land Use which was contemporaneously considered and approved at
2 the public hearing heretofore referenced; and
3 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
4 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
7
8 herein by this reference.
9
Section 2.
The following described land located at 499 Boynton Bay Circle, west
10 side of Northeast 4th Street, which is west of Federal Highway and south of Gateway
11 Boulevard in Boynton Beach, Florida, as set forth as follows:
12
13 See legal description attached hereto
14
15 Subject to easements, restrictions, reservations, covenants and
16 rights-of-way of record.
17
18 be and the same is hereby rezoned from Multi-Family Residential (R-3) to Planned Unit
19 Development (PUD). A location map is attached hereto as Exhibit "A" and made a part of
2 0 this Ordinance by reference.
21 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
22 accordingly.
23 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
24 repealed.
25 Section 5. Should any section or provision of this Ordinance or any portion thereof
26 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
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1 the remainder of this Ordinance.
2 Section 6. This ordinance shall become effective immediately upon passage.
3
FIRST READING this ~ day of A UGu~
,2007.
4
SECOND, FINAL READING and PASSAGE this ~o day of No"etnb 2007.
CITY OF BOYNTON BEACH, FLORIDA
~~
/ ,-Je- ay
ATTEST:
---2ier-
ommissioner - Marlene Ross
m.~
J t M. Prainito, CMC
. y Clerk
S :leA IOrdinanceslPlanninglRezoninglRezoning -Boynton Bay.doc
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1 THAT PART OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
2 BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
3 ALL THAT PART OF LOTS 20 THROUGH 26, INCLUSIVE, OF SAM BROWN JR.'S
4 HYPOLUXO SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
5 RECORDED IN PLAT BOOK 1 PAGE 81, PUBLIC RECORDS, PALM BEACH
6 COUNTY, FLORIDA, LYING WESTERLY OF THE WEST LINE OF THE EAST
7 340 FEET OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
8 BEACH COUNTY, FLORIDA.
9 LESS HOWEVER, THE SOUTH 60 FEET OF LOT 22.
10 ALSO LESS, THE FOLLOWING DESCRIBED PARCEL OF LAND;
11 FROM THE SOUTHWEST CORNER OF LOT 20 LYING IN SAID SAM BROWN
12 JR'S HYPOLUXO SUBDIVISION RUN NORTH 2002'25" WEST ALONG THE
13 WEST LINE OF LOTS 20, 21 AND 22, A DISTANCE OF 379.12 FEET TO A
14 LINE 60 FEET NORTHERLY OF AND AS MEASURED AT RIGHT ANGLES TO,
15 THE SOUTH LINE OF SAID LOT 22; THENCE SOUTH 89056'48" EAST,
16 ALONG SAID LINE, A DISTANCE OF 25.02 FEET TO THE POINT OF
17 BEGINNING; THENCE NORTH 2002'25" WEST, ALONG A LINE THAT LIES 25
18 FEET EASTERLY OF THE WEST LINE .OF SAID LOT 22, A DISTANCE OF
19 61.08 FEET; THENCE SOUTH 890 57'23 E., A DISTANCE OF 364.25 FEET;
20 THENCE NORTH 0002'37" EAST, A DISTANCE OF 58.89 FEET; THENCE
21 SOUTH 89057'23" EAST, A DISTANCE OF 20.0 FEET; THENCE NORTH
22 0002'37" EAST, A DISTANCE OF 24 FEET; THENCE SOUTH 89057'23" EAST,
23 A DISTANCE 8 FEET; THENCE NORTH 0002'37" EAST, A DISTANCE OF 70.6
24 FEET; THENCE SOUTH 89057'23" EAST, A DISTANCE OF 159.6 FEET; THENCE
25 SOUTH 0002'37" WEST, A DISTANCE OF 70.6 FEET; THENCE SOUTH 89057'23"
26 EAST, A DISTANCE OF 20 FEET; THENCE SOUTH 0002'37" WEST, A
27 DISTANCE OF 29.95 FEET; THENCE DUE EAST, ALONG A LINE THAT IS 602
28 FEET SOUTHERLY OF AND AS MEASURED AT RIGHT ANGLES TO THE
29 NORTH LINE OF LOT 26 OF SAID SAM BROWN JR.'S HYPOLUXO SUBDIVISION,
30 A DISTANCE OF 377.17 FEET TO A POINT IN A LINE THAT IS 365 FEET
31 WESTERLY OF AND PERPENDICULAR TO THE EAST LINE OF SECTION 16,
32 TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE S.1 053'20" EAST, ALONG
33 SAID LINE, A DISTANCE OF 114.06 FEET TO THE NORTH LINE OF SAID
34 SOUTH 60 FEET OF LOT 22; THENCE NORTH 89056'48" WEST ALONG SAID
35 LINE, A DISTANCE OF 950.13 FEET TO THE POINT OF BEGINNING.
36 TOGETHER WITH:
37 THE EAST 340 FEET OF THAT PART OF LOTS 20 TO 26, INCLUSIVE, OF
38 SAM BROWN JR.'S HYPOLUXO SUBDIVISION LYING IN SAID SECTION
39 16, AS RECORDED IN PLAT BOOK 1 PAGE 81, PUBLIC RECORDS OF PALM
40 BEACH COUNTY, FLORIDA, LESS THE EAST 60.0 FEET THEREOF