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18-011 1 ORDINANCE NO. 18-011 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS WAWA AND DESCRIBED 7 HEREIN, OWNED BY BOYNTON HEART INSTITUTE, LLC./PNC 8 BANK, NA; CHANGING THE LAND USE DESIGNATION FROM 9 OFFICE COMMERCIAL(OC)TO LOCAL RETAIL COMMERCIAL 10 (LRC); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN 11 EFFECTIVE DATE. 12 13 WHEREAS,the City Commission of the City of Boynton Beach,Florida has adopted 14 a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land Use 15 Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 16 Comprehensive Planning Act; and 17 WHEREAS, the procedure for amendment of a Future Land Use Element of a 18 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 19 WHEREAS, after two (2) public hearings the City Commission acting in its dual 20 capacity as Local Planning Agency and City Commission finds that the amendment hereinafter 21 set forth is consistent with the City's adopted Comprehensive Plan and deems it in the best 22 interest of the inhabitants of said City to amend the Future Land Use Element(designation)of 23 the Comprehensive Plan as hereinafter provided. 24 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 25 CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 27 herein by this reference. 28 Section 2: Ordinance No. 89-3 8 of the City is hereby amended to reflect That the 29 Future Land Use of the following described land: 30 31 PARCEL 1: 32 3 3 A PORTION OF TRACT H-5 (NOT INCLUDED PARCEL), PLAT OF TENTH SECTION PALM 34 BEACH LEISUREVILLE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 35 BOOK 30, PAGES 129 THROUGH 141, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH 3 6 COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: 37 3 8 COMMENCING AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 45 SOUTH, 3 9 RANGE 43 EAST, PALM BEACH COUNTY,FLORIDA; THENCE N 88°0052"E., ALONG THE 4 0 NORTH LINE OF SAID SECTION 32, A DISTANCE OF 60.01 FEET; THENCE S.1°02'40"E., A 41 LONG SAID PARALLEL LINE, A DISTANCE OF 40.01 FEET TO A POINT ON A LINE 40 FEET 42 SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 32; THENCE 4 3 N.88°00'52"E., ALONG SAID PARALLEL LINE, A DISTANCE OF 236.29 FEET TO THE POINT 44 OF BEGINNING; THENCE CONTINUE N.88°00'52"E., ALONG SAID PARALLEL LINE, A 4 5 DISTANCE OF 253.77 FEET TO A POINT ON A LINE 550 FEET EAST OF AND PARALLEL TO 4 6 THE WEST LINE OF SAID SECTION 32; THENCE S l°02'40"E., A DISTANCE OF 193.03 FEET 4 7 TO A POINT ON A LINE 60 FEET NORTH OF AND PARALLEL TO THE CENTERLINE OF S.W. 4 8 15TH AVENUE(WOOLBRIGHT ROAD), AS NOW LAID OUT AND IN USE; THENCE 4 9 S88°00'52"W., ALONG SAID PARALLEL LINE, A DISTANCE OF 250.60 FEET; THENCE 5 0 N.1°59'08"W., A DISTANCE OF 193.00 FEET TO THE POINT OF BEGINNING. 51 52 CONTAINING 48,676 SQUARE FEET/1.1174 ACRES MORE OR LESS. 53 54 TOGETHER WITH 55 5 6 PARCEL 2 57 5 8 THE SOUTH 200 FEET OF THE NORTH 240 FEET OF THE EAST 500 FEET OF THE WEST 550 5 9 FEET OF THE NORTH ONE-QUARTER(N 1/4)OF SECTION 32, TOWNSHIP 45 SOUTH, 6 0 RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA AND BEING ALSO KNOWN AS TRACT 61 H-5, LESS THE EAST 200 FEET THEREOF,AS MARKED(NOT INCLUDED)ON THE PLAT OF 62 TENTH SECTION, PALM BEACH LEISUREVILLE RECORDED IN PLAT BOOK 30, PAGE 130; 63 64 LESS AND NOT INCLUDING THE FOLLOWING DESCRIBED PARCEL: 65 6 6 COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT H-5; THENCE S 88°00'52"W, 6 7 ALONG A LINE 53 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF 68 SOUTHWEST 15TH AVENUE, AS SHOWN IN SAID PLAT BOOK 30 AT PAGE 130, A 69 DISTANCE OF 200.03 FEET TO THE INTERSECTION WITH THE WEST LINE OF THE EAST 7 0 200 FEET OF SAID TRACT H-5 AND THE POINT OF BEGINNING; THENCE N 1°02'04"W, AND 71 PARALLEL WITH THE EAST LINE OF SAID TRACT H-5, A DISTANCE OF 7.00 FEET; HENCE 72 S 88°00'52" W, 439.23 FEET, ALONG A LINE 60 FEET NORTH OF AND PARALLEL WITH THE 73 CENTERLINE OF SOUTHWEST 15TH AVENUE, AS SHOWN IN SAID PLAT BOOK 30, PAGE 74 130, TO THE POINT OF A CURVATURE OF A CURVE FROM WHICH THE RADIUS POINT 75 BEARS N 01°59'08",W, 50 FEET; THENCE N 46°30'54"W, 71.29 FEET, ALONG THE CHORD OF 76 SAID CURVE THROUGH A CENTRAL ANGLE OF 90°56'28" TO THE POINT OF TANGENCY; 7 7 THENCE N 01°02'40"W, 142.20 FEET ALONG A LINE 60 FEET EAST OF AND PARALLEL 7 8 WITH THE CENTERLINE OF CONGRESS AVENUE, AS SHOWN IN SAID PLAT BOOK 30, 7 9 PAGE 130, TO THE SOUTH RIGHT OF WAY OF LAKE WORTH DRAINAGE DISTRICT L026 8 0 CANAL; THENCE S 88°00'52"W, 10.00 FEET;ALONG SAID SOUTH RIGHT OF WAY LINE OF 81 L-26 CANAL, THENCE S 01°02'40" E, 174.62 FEET,ALONG A LINE 50 FEET EAST OF AND 82 PARALLEL WITH THE CENTERLINE OF CONGRESS AVENUE AS SHOWN IN SAID PLAT 83 BOOK 30, PAGE 130, TO THE POINT OF CURVATURE OF A CURVE FROM WHICH THE 84 RADIUS OF TANGENCY; THENCE N 88°00'52" E. 474.65 FEET, ALONG A LINE 53.0 FEET 85 NORTH OF AND PARALLEL WITH THE CENTERLINE OF SOUTHWEST 15TH AVENUE, AS 8 6 SHOWN IN SAID PLAT BOOK 30, PAGE 130, TO THE POINT OF BEGINNING. 87 88 LESS AND NOT INCLUDING THAT PROPERTY CONVEYED IN OFFICIAL RECORDS BOOK 8 9 13210, PAGE 273, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, 90 DESCRIBED AS FOLLOWS: 91 92 A PORTION OF TRACT H-5 (NOT INCLUDED PARCEL), PLAT OF TENTH SECTION PALM 93 BEACH LEISUREVILLE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 94 BOOK 30, PAGES 129 THROUGH 141, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH 95 COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: 96 97 COMMENCING AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 45 SOUTH, 9 8 RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE N 88°00'52"E., ALONG THE 99 NORTH LINE OF SAID SECTION 32, A DISTANCE OF 60.01 FEET ;THENCE S.1°02'40"E.,A 10 0 LONG SAID PARALLEL LINE, A DISTANCE OF 40.01 FEET TO A POINT ON A LINE 40 FEET 101 SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 32; THENCE 102 N.88°00'52"E., ALONG SAID PARALLEL LINE, A DISTANCE OF 236.29 FEET TO THE POINT 103 OF BEGINNING; THENCE CONTINUE N.88°00'52"E., ALONG SAID PARALLEL LINE, A 104 DISTANCE OF 253.77 FEET TO A POINT ON A LINE 550 FEET EAST OF AND PARALLEL TO 10 5 THE WEST LINE OF SAID SECTION 32; THENCE S 1°02'40"E., A DISTANCE OF 193.03 FEET 106 TO A POINT ON A LINE 60 FEET NORTH OF AND PARALLEL TO THE CENTERLINE OF S.W. 107 15TH AVENUE(WOOLBRIGHT ROAD), AS NOW LAID OUT AND IN USE; THENCE 108 S88°00'52"W., ALONG SAID PARALLEL LINE, A DISTANCE OF 250.60 FEET; THENCE 10 9 N.1°59'08"W., A DISTANCE OF 193.00 FEET TO THE POINT OF BEGINNING. 110 111 TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS, SAID EASEMENT BEING 112 MORE PARTICULARLY DESCRIBED AS FOLLOWS: 113 114 THE SOUTH 56 FEET OF THE NORTH 240 FEET OF THE EAST 16 FEET OF THE WEST 566 115 FEET OF THE NORTH ONE-QUARTER(N 1/4)OF SECTION 32, TOWNSHIP 45 SOUTH, 116 RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING ALSO KNOWN AS THE 117 SOUTH 56 FEET OF THE WEST 16 FEET OF THE EAST 200 FEET OF TRACT H-5 AS MARKED 118 (NOT INCLUDED)ON THE PLAT OF TENTH SECTION, PALM BEACH LEISUREVILLE, 119 RECORDED IN PLAT BOOK 30, PAGE 130, LESS AND NOT INCLUDING THE FOLLOWING 12 0 DESCRIBED PARCEL: 121 122 BEING A PART OF TRACT H-5 AS MARKED (NOT INCLUDED)ON THE PLAT OF TENTH 123 SECTION, PALM BEACH LEISUREVILLE, RECORDED IN PLAT BOOK 30, PAGE 130, AND 124 MORE PARTICULARLY DESCRIBED AS FOLLOWS: 125 12 6 COMMENCING AT THE SOUTHEAST CORNER OF TRACT H-5, PLAT OF TENTH SECTION, 127 PALM BEACH LEISUREVILLE. AS RECORDED IN PLAT BOOK 30, PAGE 130, PUBLIC 12 8 RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE N 01°02'40"W. ALONG THE EAST 12 9 LINE OF SAID TRACT H-5; A DISTANCE OF 7.00 FEET; THENCE S 88°00'52"W, ALONG A 13 0 LINE 60.0 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF SOUTHWEST 15TH 131 AVENUE, AS SHOWN IN SAID PLAT BOOK 30, PAGE 130, A DISTANCE OF 184.03 FEET, TO 132 THE INTERSECTION WITH THE WEST LINE OF THE EAST 184 FEET OF SAID TRACT H-5; 133 THENCE CONTINUE S 88°00'52"W. A DISTANCE OF 16 FEET, TO THE INTERSECTION WITH 134 THE WEST LINE OF THE EAST 200 FEET OF SAID TRACT H-5; THENCE S 01°02'40"E. ALONG 13 5 SAID WEST LINE A DISTANCE OF 7.00 FEET; THENCE N 88°00'32"E, ALONG A LINE OF 53.0 13 6 FEET NORTH OF AND PARALLEL WITH THE SAID CENTERLINE OF SOUTHWEST 15TH 13 7 AVENUE, A DISTANCE OF 16 FEET; THENCE N 01°02'40"W. A DISTANCE OF 7.00 FEET TO 13 8 THE POINT OF BEGINNING. 139 140 PARCEL 2 CONTAINING 44,626 SQUARE FEET/1.0245 ACRES MORE OR LESS. 141 142 SAID LANDS SITUATE IN THE CITY OF BOYNTON, PALM BEACH COUNTY, FLORIDA. 143 144 PARCELS 1 AND 2 CONTAINING A TOTAL OF 93,302 SQUARE FEET/2.1419 ACRES MORE 145 OR LESS. 146 147 is amended from Office Commercial (OC)to: LOCAL RETAIL COMMERCIAL 148 (LRC). 14 9 Section 3: This Ordinance shall take effect on adoption,subject to the review,challenge,or 150 appeal provisions provided by the Florida Local Government Comprehensive Planning and Land 151 Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this 152 Ordinance until all statutory required review is complete and all legal challenges,including appeals, 153 are exhausted. In the event that the effective date is established by state law or special act, the 154 provisions of state act shall control. 155 FIRST READING this 19th day of June, 2018. 156 SECOND, FINAL READING and PASSAGE this / 7/4 day of , 2018. 157 CITY OF BOYNTON BEACH, FLORIDA 158 YES NO 159 160 Mayor— Steven B. Grant 161 162 Vice Mayor—Christina L. Romelus 163 164 Commissioner—Mack McCray / 165 166 Commissioner—Justin Katz 167 168 Commissioner—Joe Casello 169 170 VOTE 4--10 171 ATTEST: 172 173 `4 174 �A.c,4..4i � / 175 Judith A yle, CMC 176 City Clan 177 EXHIBIT A SITE LOCATION MitP ,T, .., - . . r , 11 scitersi i 111A114 -i!P P r , ..e...1„ I 11 a istapi Ira . NA TiFial „ .„....,. .. ..., I a . irli • 110# ' SW 14th Ave , a IlleVellfr .,,,, • act 3 12 b 4. . 0 IX i 0:IUD . , , :,. lillin -• - , . 0Woolbright Rd 0 ... , . .,. .. . I.. 1 1111111 i_W. Pi- • i _, ..,. . , 4 .. . • ,' , -- .4 k - 1 .01 t - * L f--- 1 ,...., , ... , . . ,:, •• 1, - a r .... 0 37.575 150 225 300 f =====mim=Feet EXHIBIT B WAWA: PROPOSED FLU (LUAR 18-001 ) kJ!ii 1 40 , . III ,,, a 14th-Ave 16 d . ! 1hsL H 41) LRC oro osed L p p c - ---- o - - olbri ht-Rd Wo g th II N ! II . 1_eI_im1 Li- / • egend r LOW DENSITY RESIDENTIAL(LDR); 7.5 D.U./Acre OFFICE COMMERCIAL(OC) LOCAL RETAIL COMMERCIAL(LRC) EXHIBIT C WAWA: PROPOSED ZONING (LUAR 18-001 ) —*a 1,111.1111111 .•••• 1111 111111111111111111111 i N 1: 14th Ave i •' -ii WI �1111111a CIED i ® Jo proposed 111 Mill Wo g WI t1_\ Legend R1AA Single Family, 5.5 du/ac C3 Community Commercial Cl Office Professional - PCD Planned Commercial Development