Loading...
O78-41ORDINANCE NO. 78-41 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 75-19 OF SAID CITY BY REZON- ING CERTAIN PARCELS OF LAND LOCATED IN SECTION 1, TOWNSHIP 46 SOUTH, RANGE 42 EAST, AND SECTIaN 6, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED HEREINAFTER, AS ZONE R-3 AND ZONE C-3, TO PLANNED UNIT DE~ELOPFiENT (PUD) DISTRICT WITH LAND USE INTENSITY (LU~) OF 3.9; PROVIDING FOR SAVINGS CLAUSE, REPEALING PROVI- SION, AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Boynton Beach, Florida, has heretofore adopted Ordinance No. 75-19 in which a Revised Zoning Map was adopted for said City; and WHEREAS, SUMMIT ASSOCIATES, LTD. has heretofore filed an application wit~ the City of Boynton Beach, Florida, pursuant to Section 31-1 of the Codified Ordinances of the City of Boynton Beach, Florida, for the purpose of obtaining the rezoning of certain property consisting of approximately 900 acres located ~wathmn the munzclpal lmmzts of sazd City, i particularly described hereinafter, from ~lanned Unit development (PUD) District, forth in said application and said property being more Zones R-3 and C-3 to a and more particularly set plans and specification relative thereto, all of which items are now on file in the Office of the City Planne~ and WHEREAS, the Planning and Zoning Board of the City of Boynton Beach, Florida, has heretofore approved said development plan and specifications and has recommended approval thereof by the City County subject to certain conditions; and WHEREAS, the City Council has thoroughly examined the aforesaid development plan and specifications relative ~ ~ereto, and has received favorable recommendations and approval of said project from the C£ty Manager and City Planner~ and WHEREAS, the City Council deems it to be in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEP~EFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF -1- THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: That the following described land located in Section 1, Township 46 South, Range 42 East, and Section 6, Township 46 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, be and the same is hereby rezoned from Zone R-3 and Zone C-3 to Planned Unit Development (PUD): See Attached Description Section.~2: The aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3: LTD., owner of the That the application of SUMMIT ASSOCIATES, above tract of land, is hereby granted for the purpose of permitting the development of said as a Planned Unit Development (PUD) in specific accordance with development plans and specifications therefore now on file in the Office of the City Planner of the City of Boynton Beach, Florida, and further to conditions and recommendations 'forth subject set in Minutes of the Municipal Planning and Zoning Board dates July 25, 1978 which plans, minutes, and conditions are hereby incorporated herein by reference. Except as provided herein, the applicant shall proceed in strict accordance with all ordinances of the City of Boynton Beach, includinq, but not limited to, its building, electrical, plumbing, subdivision planning and zoning codes. Section 4: Separability: Each of the provisions of this Ordinance is separable, including work, clause, phrase or sentence, and if any portion thereof shall be declared invalid, the remaining portion shall remain in full force and effect. Section 5: Repealing Provision: parts of ordinances in conflict herewith not be affected but shall Ail ordinances or are hereby repealed. !i Section 6. ~n Effective Da~e: This Ordinance shall ~ibecome effective in the manner and at %he time provided by law. First reading this 15 day of ,~~', A.D., 1978. Second, finald reading and passage this ~ day of , A.D.~ 1978. CITY OF BOYNTON BEACH~ FLORIDA ~.ATTE ST ~ City Clerkff Vice Mayor Councilmember Coun~imember Counci lmem~er (Corp. Seal) -3- EXHIBIT NO. ~1 LEGAL DESCRIPTION RC=~ ur L~a~u tN THE EASI ONE-HALF nF SECTION l. TOWNSHIP 46 SOUTH. P~J,G: 4~ cAST. ND tN SECTION 6, TOWNSHIP 46 SOUTH, RANGE 43 FAST, PA~ B~ACN COUNTY, FLORIDA; SAiD PARCEL OF ~D B~N: ~RE P~TICU~ARLY DESCRIBED ~ FOIL.S: . ~ · ~ -~Nb~nu A~ .... ¢~u~AST CORNER OF SA.D S~O. 6; THENCE. SOUTH 88~00'55" WEST. .2~2 :~ N2~TT i~E OF SAID SECTION 6. A DISTANCE ~T 5%03 ~t~ TO ~E '~::n~ ,~z~- ._ ,ob FOOT ROAD RIGHT OF ~ .... ~, ~=,n T~F WESI RIGHT OF-WAY LINE OF CONGRESS AVENUE (A · - ~0 o~ ~ n~t. ALONG SAID ~ ' ~ -'~ ~ - 40o0.70 FE:T TO iht PO~ OF BEGiNNiNG DF THE HEREIN DESCRIBED PARCEL OF ~l ...... ~N,..,,u.- ~U,H 00°00'00" EAST ALONG SAID WE. ST EIGHT OF u.",¥ ; ~'~= ' A DISTB~CE OF ,3.20 FEET TO THE zNT~PB~C~iON THEREOF, WITH THE ,~OR.H RIGHT OF WAY LINE OF LAKE WOR~ ~,m~ ~: Dio: ~ ~, :R:AL ~AL L-30, AS DEScRIB:D i~ o~r t~l~k ~c~umu ~O~K ~,7. AT , AGE ~7. PUBLIC.RE~ORD~. PALM BcACH ~OUNTY.. LORtDA. ,n~ i~. SOo.m 8745'05" WESi. ALONG S~ID NORTH RIGHT Or WAY LINE. A DISTANCE OF 5306.87 FEET; ~'" ~BtN~, NOR~H ~]2'18" WEST. CONTINUING ALONG SAID NORTH RIGHT OF WAY L%N=, A Dz~i~C~ OF t691.00 FE~ TO THE INTER- x~T.u,s ~HcR~OF. WITH THE EAST LINE OF ~E WEST ONE-HALF OF }He SOUTHEAST ONE-QUARTER ~u,n~, u~-wo~R,~ Or ~H~ SOUTHE~T ONE-QUARTER OF SAiD S~,~.~N l; ~.N~m Ou ~8 ~ N~bT ALONG SAID EAST LzN~, A DzSI~,~C~ OF 570.28 FEET TO ~'~ NORTHE~T COPN? OF TH~ SAID WEST ONE-HALF OF ~E SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE- OUARZER OF THE SOUTHEAST ONE-QUARTER OF SECTION _l; TN2NCE, NORTH ~8 2 ....... , A ]CT~ON 1 , A DISTANCE OF S69.32 FEET TO THE INTERSECTION THEREOF WITH THE SAID L-30 ~ N~,,, N=G,,, Ur LiNc; H~N~E, NORTH 88°i2'18'' WEST, ALONG SAiD qO.~TS~CT q~::_C:..'DT:m n: -" qm'T'' ~ 0N~-Q ~DTED '~: THE Swu~nc~ ~= ~'~' ur ....... DRAINAGE u=~TR~ ~5 DESCRiBeD ~N Orr~c!AL RECORDS BOOK 2175 AT ~Au: 937, m-~,- Lu~.u~. ,,.-N~, SO~.. 8~ ~0 ~z ~ST._ ~0,~ SAID SO~H RiGHi OF ~ ~NE, A D~ST~u~ OF ¢~3.36 FEET; T,,~NCE. NORTH 88000'55'' ~..S~. CONTINUING ALONG SAID SOUTH R~oH~ OF mHY LINE. D!STA=NCE OF 2663.i5 FEET TO THE NORTHWEST CORNER OF THE ~NDS ~ DESCRIBED IN OFFICIAL ECORD B~OK 2308, FA'~S 157 HROuo~ ]59. IN~'LUSiVE., ~P~,~D' '" ~ ....... u~z~c~. ........ ~'A~R~;G ~HE NE~T'* INE OF TRE P~.T OF CHARTER WORLD, ACCORDING TO THE PLAT ~EREOF, AS RECORDED ~'~P~T B~K-31- PAGE mi, PUBiiC RECORDS, PALM BEA~ COU~Y, F~ ORIDA, AND ITS 'SOUTHE~Y ~ROEONGAT~N, A DIST~CE OF R65 3! FEET; THENCE, NORTH ~"13'31" ~ST, ALONG A LIN~ ]50 ~T SObGHBRLY OF, ~ ME$$URED AT RI~T 4);GLES TO THE SOUTH LINE OF SAiD P~T OF C~TER ~W~RLD, A D~ST~CE OF 1075.66 fEET TO A POINT iN THE WEST RzGH~ OF WAY LINE OF CHARTER ~;, ~=~.L RECORDS BOOK 2308. PA=~ !57. . ..... RECORDS ~N~NCY' T~ENCE. SOUTH 82°43'31" WEST, CONTINUING ALONG SAID RI~T OF WAY LINE. A DISTANCE OF ~90.00 HE:J lO ,H~ POIN, O, CoR.~UR: ~, A ~URVE TO ~ L~. ,,A~INu A P~D.U> ur 43u ~CE, SO~H~ESTERLY ALONG SAID .URV:. ~ON~z~uING A~ON: SAID RI~t Or ~AY L~,,.. ,HR.U~, ~ .... ~ ~i~GLz OF ~5 5~ u~ , ~ D.b:~,b~ ~. 327.24 FEET TO THE POINT OF TANGENCY: ........ , ~ ,~.N, OF ~uw~u~ ur .~ ,,'~:'¢~.,,. TO ~'~.,.- .,.~.P~cH`,, ,,~.,~,~u,v~,~ A .tq~.,~S ~44.82 FEET: ..... ~, ~u CO~z~UZ~u ~_ONG SAiD RIGHT OF ~AY LINE, ~q~OUGH A 58b~HWESTE~Y ALON6 SAIB CURVE "~ A~E OF 4¢43 13 . A DiS~N~C~ OF 386.01 FEET ........ ~ ' ~. c --_ ~ . --. ~<, ~ - -- EXHIBIT 1 ~(Comt'd) ~, ~..0.~ FEET; uuN ~N~,~ A_um~ SAID RIGHT OF WAY LINE A ~ ~" ~,~ - 88%2'43" WEST, ~'-' n-~ ,,.=~C~ SOUTh 0I~07'17': E~T, bO~tl,~o~NG ALONG SAID RIGHT O~ WAY LtNE, ~ DiS ~ O~ ou.uO FEET TO THE .n,~SEC,~ON ,,,~K~O,, WiTH vu~ ,~,,TH __~ Or Tn= ~' ~- O. ~.~R,ER ~R~D FIRST ,~T ..... r~T~,~ - ~u ,'~ ~n~ '-~ ..... BOOK ~a~E 20. z,~g~, ~b~umu.,~u I0 i,,E PLAT TH~R~ur, AS RkuO~u~D=,~=~' PLAT 3l.. ,.,_ _ PUBLIC. - ~T ,m~,~, NORth 88%2'43" E~T, ALO~ SAID ~uR~n BEACH COUNTY. rLOx~DA; T,-:~r~ ~ ,- ........ ~,~ ,n~ SAID CnAR~:R DRIVE NO~ H RI~q, .OF-wa, L~NE. A DIS,~C~ OE 310.OB ; ,H~NL. OF CURVATURE OF A CUPC~E TO ~fiE LEFi HAVING A ~DtUS OF 504.82 FEET T, ~:~NG SAID CURVE ~.ND CO~,~NU~G A.O~:-,~ RtGHI .A, :~N~, THROUGH A. CENTRAL ~,.G~_ OF , ~o8..~ ,~ TO THE:POiNT OF ~ ~ .... ~u~'r~ =!3't3" ~,~ DiStANCE OF ~ n= :rr~ - ..... 4 n - q~ . R~Gn O~ WAY ~n:, A .....~- ~'" ' ~'~ DISTANCE "= ~'"'~ r~ ~tt~' -"~''= ......... ~ ...... o, m~n, ur ~n, -.,t~, ~ U~,~.,C~ CF 70.7i FEEl; THENCF NORTH ~o*=~, ~ .... SOUTH ~o~,~ ,, c,~q~ .... :~rq~ ' = ~ IH: ~,tOHmb.~AU '''~ uu uu uO ~,_,, ALONG ln~ ~=~, -.,. ............"'~. z- ,~;..~ ~_,:__ ~n~ ...... z ~ . ~, ~ ~ ~_ Or 750 FEET _: =z :7!';. dr 3:~ r.: ........ - ="= .... o~,,=~ ~o~=5 =~,, EAST. a D:~:,~N_= : :,,~ /..-~,-**~ .~*,ms OF ¢oon?'n~" A DISTANCE OF 58].5~ ,_= TO ~,.~ POZNT OF ' ~ ......... O, ,8.7.¢. ='=- ~O :,=~m L~= OF THE EAST u:~- :.~_:, .,ur. Tn oo ~0'~4" WEST. A P~TaNr~ , ~ q o ~ ,E~ THE ._F OF ~¢ S~:.~.u,~ ~; n=,~ ........... 00=4i'47 .... = ....... ~ ~=..02 FEET ~c,~v T~Eb~,,,,.,~,~n''=u~: ~v,.*=~" ~' ..... O~ T~c ,~u~.,n~AS, n~,~ .......~,...,_... Or S~D b~C~!ON ].. AND THE BASED ON AN ASSUMED SOUTH '-'~='~:.~ uO'"Oun" EAST. aLO~:~':''" ~H~ ~ EAST F~RBXCEPTINGTHBREOUTANDTHBREFROMTHE FOLLOWING DESCRIBED PARCEL:. The Northeast Quarter [NE 1/4) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of Section 1, Township 46 South, Range 42 East, LESS AND EXCEPT the North 40 feet thereof. Page 2 of 2.