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
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EXHIBIT B
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EXHIBIT C
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