12-004 ra
ORDINANCE NO. 12 -004
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ORDINANCE 06-
006 TO ADD REFERENCE TO AND APPROVAL OF
A REVISED MASTER PLAN FOR A PARCEL OF
LAND LOCATED ON THE WEST SIDE OF SOUTH
FEDERAL HIGHWAY, EAST OF OLD DIXIE
HIGHWAY AT MILLER ROAD, AS MORE FULLY
1 DESCRIBED HEREIN; PROVIDING FOR
1 CONFLICTS, SEVERABILITY, AND AN
1 EFFECTIVE DATE.
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1� WHEREAS, the City Commission of the City of Boynton Beach, Florida adopted i
1 $ Ordinance No. 02 -013, in which a Revised Zoning Map was adopted for said City; and
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1 WHEREAS, the property which is the subject of this amendment was rezoned to
17 Planned Unit Development (PUD) in January, 2006 via Ordinance 06 -006; and
1$ WHEREAS, the Land Development Regulations require approval of a master plan
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1 concurrent with approval of a rezoning to the Planned Unit Development (PUD) district; and
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2$, WHEREAS, the Master Plan proposes a multi - family residential development with a
21_ total of 148 units at the maximum density of 20 dwelling units per acre; and
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2 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
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2 said City to amend the aforesaid Ordinance as hereinafter set forth.
24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
2$1 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2 Section 1. The foregoing Whereas clauses are true and correct and incorporated
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2/1 herein by this reference.
2 Section 2. The City Commission of the City of Boynton Beach here amends
2i I Section 2 of Ordinance 06 -006 as follows:
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1 The following described land located approximately one - quarter mile north of Gulfstream
2 Boulevard between Federal Highway and Old Dixie Highway in the City of Boynton Beach,
3 Florida, as set forth as follows:
4 See Legal Description Attached hereto as Exhibit "A ".
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be and the same is hereby rezoned from Community Commercial (C -3), General Commercial
7 (C -4) City and Residential (RM) and General Commercial (CG) Palm Beach County to
431 Planned Unit Development (PUD) . A location map is attached hereto as Exhibit "B" and
V made a part of this Ordinance by reference. The revised Master Plan is attached hereto as
1V Exhibit "C ".
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1 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
13, accordingly.
1111 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
; repealed.
1 Section 5. Should any section or provision of this Ordinance or any portion thereof be
1 ! declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
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1 I remainder of this Ordinance.
1 Section 6. This ordinance shall become effective immediately upon passage.
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FIRST READING this 6 day of March, 2012.
f ` SECOND, FINAL READING and PASSAGE this 3 ` day of ' 1 , 2012.
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1i CITY OF BOYNTON BEACH, FLORIDA
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Mayor — Woodr w L. . •
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1 Vice Ma '.r— Wi11j niQ e
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1 ' ommiss — Mack • ' .y
1 P'
1 Commissioner — i.tev Ho zman
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2 1_ �/� 7 z
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2 ATTEST: Commissioner — Marlene Ross
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2t! t • Ir . •
2 ; Ja - t M. Prainito, MMC
2 1 -- v.ity Clerk
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LEGAL DESCRIPTION FOR SEABOURN COVE PHASE II
PARCEL 1 (PCN: 08434604170000370 AND 08434604170000380)
LOTS 37, 38 AND 58, OF AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING
TO THE PLAT THEREOF, 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 RECORDED IN OFFICIAL RECORDS
BOOK 104, PAGE 35, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
PARCEL 2 (PCN: 08434604170000590)
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. 1) AS
CONVEYED TO PALM BEACH COUNTY, BY A DEED RECORDED IN OFFFICIAL
RECORDS BOOK 124, PAGE 638, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
PARCEL 3 (PCN: 0843460411000150)
LOT 15, KILLIAN'S PARK, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
LESS AND EXCEPT A PARCEL OF LAND IN LOT 15, KILLIAN'S PARK, A SUBDIVISION
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
FROM THE SOUTHEAST CORNER OF SAID LOT 15, RUN WESTERLY ALONG THE
SOUTH LINE OF SAID LOT 15 FOR 3.0 FEET TO A POINT ON THE ARC OF A CURVE
CONCAVE TO THE WEST AND HAVING A RADIUS OF 11,409.2 FEET; THENCE RUN IN
A NORTHERLY DIRECTION ALONG THE ARC OF SAID CURVE FOR 198.15 FEET TO A
POINT ON THE NORTH LINE OF SAID LOT 15; THENCE RUN EASTERLY ALONG SAID
NORTH LINE FOR 8.87 FEET TO THE NORTHEAST CORNER OF SAID LOT 15; THENCE
RUN SOUTHERLY ALONG THE EAST LINE OF SAID LOT 15 FOR 200 FEET TO THE
SOUTHEAST CORNER OF SAID LOT.
PARCEL 4 (PCN: 08434604110000060)
ALL OF LOT 6 AND THE WEST '/2 OF LOT 7, OF KILLIAN'S PARK, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
PARCEL 5 (PCN: 08434604110000071)
THE EAST HALF OF LOT 7 AND ALL OF LOT 8, OF KILLIAN'S PARK, ACCORDING TO
THE PLAT THEREOF, AS RECORDED 1N PLAT BOOK 23, PAGE 195, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
PARCEL 6 (PCN: 08434604110000120)
LOT 12 AND THE WEST '/2 OF LOT 13, OF KILLIAN'S PARK, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
PARCEL 7 (PCN: 08434604110000131)
THE EAST '/z OF LOT 13, AND ALL OF LOT 14, OF KILLIAN'S PARK, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
PARCEL 8 (PCN: 08434604110000171)
THE WEST `h OF LOT 17, ALL OF LOT 18, AND THE EAST '/2 OF LOT 19, OF KILLIAN'S
PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23,
PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
PARCEL 9 (PCN: 08434604110000101)
THE EAST '/z OF LOT 10 AND ALL OF LOT 11, OF KILLIAN'S PARK, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
PARCEL 10 (PCN: 08434604110000160)
LOT 16 AND THE EAST 'h OF LOT 17, OF KILLIAN'S PARK, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
PARCEL 11 (PCN: 08434604110000191 AND 08434604110000210)
THE WEST 'h OF LOT 19 AND LOTS 20 THROUGH 29, INCLUSIVE, OF KILLIAN'S
PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23,
PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
PARCEL 12 (PCN: 08434604110000090)
LOT 9 AND THE WEST 1/2 OF LOT 10, KILLIAN'S PARK, A SUBDIVISION OF LOTS 36,
36 -A, 60 AND 61, AMENDED PLAT OF TRADE WINDS ESTATES IN SECTION 4,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, RECORDED IN PLAT BOOK 21, PAGE 73, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORID, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA
A/K/A
LOT 9 AND THE WEST 1 /2 OF LOT 10, OF KILLIAN'S PARK, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
PARCEL 13 (NO PCN)
THAT PORTION OF MILLER ROAD, AS VACATED AND ABANDONED BY
ORDINANCE NO. 07 -007, AS RECORDED IN OFFICIAL RECORDS BOOK 19827, PAGE
1793, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF RIGHT -OF -WAY OF MILLER ROAD, AS SHOWN ON THE PLAT OF
KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 6 OF SAID KILLIAN'S PARK;
THENCE EAST ALONG THE NORTH RIGHT -OF -OF WAY LINE OF SAID MILLER
ROAD, A DISTANCE OF 450.00 FEET;
THENCE SOUTH 08 °33'15" WEST ALONG THE EAST RIGHT -OF -WAY LINE OF MILLER
ROAD, A DISTANCE OF 30.34 FEET;
THENCE WEST ALONG THE SOUTH RIGHT -OF -WAY LINE OF MILLER ROAD, A
DISTANCE OF 445.49 FEET;
THENCE NORTH, A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING.
SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY,
FLORIDA, CONTAINING 322,489 SQUARE FEET (7.40 ACRES), MORE OR LESS.
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