18-012 1 ORDINANCE NO. 18-O\
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AMENDING ORDINANCE 02-013 TO REZONE A
5 PARCEL OF LAND DESCRIBED HEREIN AND COMMONLY
6 REFERRED TO AS WAWA FROM C-1 OFFICE PROFESSIONAL
7 TO C-3 COMMUNITY COMMERCIAL; PROVIDING FOR
8 CONFLICTS, SEVERABILITY,AND AN EFFECTIVE DATE.
9
10 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
11. adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
12 and
13 WHEREAS, the City of Boynton Beach has made application to rezone land. said
14 land being more particularly described hereinafter, from C-1 Office Professional to C-3
15 Community Commercial; and
16 WHEREAS, the City Commission conducted public hearings as required by law and
17 heard testimony and received evidence which the Commission finds supports a rezoning for
18 the property hereinafter described; and
19 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
2 0 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
2 2 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
2 3 Section 1. The foregoing Whereas clauses are true and correct and incorporated
24 herein by this reference.
25 Section 2. The land herein described be and the same is hereby rezoned from C-1
26 Office Professional to C-3 Community Commercial. A location map is attached hereto as
2 7 Exhibit"A"and made a part of this Ordinance by reference. Legal Description:
2 8 PARCEL !:
29
3 0 A PORTION OF TRACT H-5 (NOT INCLUDED PARCEL),PLAT OF TENTH SECTION PALM
31 BEACH LEISUREVILLE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
32 BOOK 30,PAGES 129 THROUGH 141, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH
3 3 COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
34
3 5 COMMENCING AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 45 SOUTH,
3 6 RANGE 43 EAST,PALM BEACH COUNTY,FLORIDA;THENCE N 88°00'52"E., ALONG THE
3 7 NORTH LINE OF SAID SECTION 32, A DISTANCE OF 60.01 FEET; THENCE S.1°02'40"E., A
3 8 LONG SAID PARALLEL LINE,A DISTANCE OF 40.01 FEET TO A POINT ON A LINE 40
3 9 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 32;THENCE
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4 0 N,88°00'52"E., ALONG SAID PARALLEL LINE, A DISTANCE OF 236.29 FEET TO THE
41 POINT OF BEGINNING; THENCE CONTINUE N.88°00'52"E.,ALONG SAID PARALLEL
4 2. LINE,A DISTANCE OF 253.77 FEET TO A POINT ON A LINE 550 FEET EAST OF AND
4 3 PARALLEL TO THE WEST LINE OF SAID SECTION 32;THENCE S 1°02'40"E., A DISTANCE
44 OF 193.03 FEET TO A POINT ON A LINE 60 FEET NORTH OF AND PARALLEL TO THE
4.5 CENTERLINE OF S.W. 15TH AVENUE(WOOLBRIGHT ROAD), AS NOW LAID OUT AND
4 6 IN USE; THENCE S88°00'52"W.,ALONG SAID PARALLEL LINE,A DISTANCE OF 250.60
4 7 FEET;THENCE N.1°59'08"W., A DISTANCE OF 193.00 FEET TO THE POINT OF
4 8 BEGINNING.
49
5 0 CONTAINING 48,676 SQUARE FEET/1.1174 ACRES MORE OR LESS.
51
52 TOGETHER WITH
53
54 PARCEL 2
55
5 6 THE SOUTH 200 FEET OF THE NORTH 240 FEET OF THE EAST 500 FEET OF THE WEST
57 550 FEET OF THE NORTH ONE-QUARTER(N 1/4)OF SECTION 32,TOWNSHIP 45 SOUTH,
5 8 RANGE 43 EAST.PALM BEACH COUNTY,FLORIDA AND BEING ALSO KNOWN AS
5 9 TRACT H-5, LESS THE EAST 200 FEET THEREOF,AS MARKED(NOT INCLUDED)ON THE
6 0 PLAT OF TENTH SECTION,PALM BEACH LEISUREVILLE RECORDED IN PLAT BOOK 30,
6 1 PAGE 130;
62
63 LESS AND NOT INCLUDING THE FOLLOWING DESCRIBED PARCEL:
64 .
6 5 COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT H-5;THENCE S 88°00'52"W,
6 6 ALONG A LINE 53 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF
67 SOUTHWEST 15TH AVENUE,AS SHOWN IN SAID PLAT BOOK 30 AT PAGE 130,A
6 8 DISTANCE OF 200.03 FEET TO THE INTERSECTION WITH THE WEST LINE OF THE EAST
6 9 200 FEET OF SAID TRACT H-5 AND THE POINT OF BEGINNING; THENCE N 1°02'04"W,
70 AND PARALLEL WITH THE EAST LINE OF SAID TRACT H-5, A DISTANCE OF 7.00 FEET;
71 HENCE S 88°00'52" W,439.23 FEET, ALONG A LINE 60 FEET NORTH OF AND PARALLEL
72 WITH THE CENTERLINE OF SOUTHWEST 15TH AVENUE, AS SHOWN IN SAID PLAT
73 BOOK 30,PAGE 130,TO THE POINT OF A CURVATURE OF A CURVE FROM WHICH THE
74 RADIUS POINT BEARS N 01°59'08",W, 50 FEET;THENCE N 46°30'54"W,71.29 FEET,
75 ALONG THE CHORD OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°56'28" TO
7 6 THE POINT OF TANGENCY; THENCE N 01°02'40"W, 142.20 FEET ALONG A LINE 60 FEET
77 EAST OF AND PARALLEL WITH THE CENTERLINE OF CONGRESS AVENUE,AS SHOWN
7 8 IN SAID PLAT BOOK 30,PAGE 130,TO THE SOUTH RIGHT OF WAY OF LAKE WORTH
7 9 DRAINAGE DISTRICT L026 CANAL; THENCE S 88°00'52"W, 10.00 FEET;ALONG SAID
8 0 SOUTH RIGHT OF WAY LINE OF L-26 CANAL,THENCE S 01°02'40" E, 174.62 FEET,
81 ALONG A LINE 50 FEET EAST OF AND PARALLEL WITH THE CENTERLINE OF
82 CONGRESS AVENUE AS SHOWN.IN SAID PLAT BOOK 30,PAGE 130,TO THE POINT OF
83 CURVATURE OF A CURVE FROM WHICH THE RADIUS OF TANGENCY;THENCE N
84 88°00'52"E.474.65 FEET,ALONG A LINE 53.0 FEET NORTH OF AND PARALLEL WITH
8 5 THE CENTERLINE OF SOUTHWEST 15TH AVENUE,AS SHOWN IN SAID PLAT BOOK 30,
8 6 PAGE 130,TO THE POINT OF BEGINNING.
87
8 8 LESS AND.NOT INCLUDING THAT PROPERTY CONVEYED IN OFFICIAL RECORDS
89 BOOK 13210, PAGE 273,OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
9.0 FLORIDA,DESCRIBED AS FOLLOWS:
91
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92 A PORTION OF TRACT H-5 (NOT INCLUDED PARCEL),PLAT OF TENTH SECTION PALM
9 3 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
9 7 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
9 9 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
101 FEET 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
103 POINT OF BEGLNNING; THENCE CONTINUE N.88°00'52"E.,ALONG SAID PARALLEL
104 LINE, A DISTANCE OF 253.77 FEET TO A POINT ON A LINE 550 FEET EAST OF AND
'.05 PARALLEL TO THE WEST LINE OF SAID SECTION 32; THENCE S1°02'40"E.,A DISTANCE
106 OF 193.03 FEET TO A POINT ON A LINE 60 FEET NORTH OF AND PARALLEL TO THE
107 CENTERLINE OF S.W. 15TH AVENUE(WOOLBRIGHT ROAD), AS NOW LAID OUT AND
108 IN USE;THENCE S88°00'52"W., ALONG SAID PARALLEL LINE, A DISTANCE OF 250.60
10 9 FEET;THENCE N.1°59'08"W.,A DISTANCE OF 193.00 FEET TO THE POINT OF
110 BEGINNING.
111
112 TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS, SAID EASEMENT BEING
113 MORE PARTICULARLY DESCRIBED AS FOLLOWS:
114
115 THE SOUTH 56 FEET OF THE NORTH 240 FEET OF THE EAST 16 FEET OF THE WEST 566
116 FEET OF THE NORTH ONE-QUARTER(N 1/4)OF SECTION 32,TOWNSHIP 45 SOUTH,
117 RANGE 43 EAST, PALM BEACH COUNTY,FLORIDA,AND BEING ALSO KNOWN AS THE
118 SOUTH 56 FEET OF THE WEST 16 FEET OF THE EAST 200 FEET OF TRACT H-5 AS
119 MARKED(NOT INCLUDED)ON THE PLAT OF TENTH SECTION,PALM BEACH
120 LEISUREVILLE, RECORDED IN PLAT BOOK 30, PAGE 130,LESS AND NOT INCLUDING
121 THE FOLLOWING DESCRIBED PARCEL:
122
123 BEING A PART OF TRACT H-5 AS MARKED(NOT INCLUDED)ON THE PLAT OF TENTH
124 SECTION,PALM BEACH LEISUREVILLE,RECORDED IN PLAT BOOK 30,PAGE 130,AND
125 MORE PARTICULARLY DESCRIBED AS FOLLOWS:
126
12 7 COMMENCING AT THE SOUTHEAST CORNER OF TRACT H-5, PLAT OF TENTH
12 8 SECTION,PALM BEACH LEISUREVILLE. AS RECORDED IN PLAT BOOK 30, PAGE 130,
12 9 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,THENCE N 01°02'40"W.ALONG
13 0 THE EAST LINE OF SAID TRACT H-5,A DISTANCE OF 7.00 FEET;THENCE S 88°00'52"W,
131 ALONG A LINE 60.0 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF
1.32 SOUTHWEST 15TH AVENUE, AS SHOWN IN SAID PLAT BOOK 30, PAGE 130,A
133 DISTANCE OF 184.03 FEET,TO THE INTERSECTION WITH THE WEST LINE OF THE EAST
134 184 FEET OF SAID TRACT H-5;THENCE CONTINUE S 88°00'52"W. A DISTANCE OF 16
13 5 FEET,TO THE INTERSECTION WITH THE WEST LINE OF THE EAST 200 FEET OF SAID
13 6 TRACT H-5;THENCE S 01°02'40"E.ALONG SAID WEST LINE A DISTANCE OF 7.00 FEET;
13 7 THENCE N 88°00'32"E,ALONG A LINE OF 53.0 FEET NORTH OF AND PARALLEL WITH
13 8 THE SAID CENTERLINE OF SOUTHWEST 15TH AVENUE,A DISTANCE OF 16 FEET;
13 9 THENCE N 01'02'40"W. A DISTANCE OF 7.00 FEET TO THE POINT OF BEGINNING.
140
141 PARCEL 2 CONTAINING 44,626 SQUARE FEET/1.0245 ACRES MORE OR LESS.
142
143 SAID LANDS SITUATE IN THE CITY OF BOYNTON,PALM BEACH COUNTY,FLORIDA.
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144
145 PARCELS 1 AND 2 CONTAINING A TOTAL OF 93,302 SQUARE FEET/2.1419 ACRES MORE
146 OR LESS. •
147
148 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
149 accordingly.
150 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
151 repealed.
152 Section 5. Should any section or provision of this Ordinance or any portion thereof
153 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
154 the remainder of this Ordinance.
155 Section 6. This ordinance shall become effective immediately upon passage.
156 FIRST READING this , day of t.� X , 2018.
157 SECOND, FINAL READING and PASSAGE this i 714 day of , 2018.
158 CITY OF BOYNTON BEACH,FLORIDA
159 YES NO
160
161 Mayor—Steven B. Grant
162
163 Vice Mayor—Christina L.Romelus
164
165 Commissioner—Mack McCray
166
167 Commissioner—Justin Katz
168 � ---
16 9 Commissioner—Joe Casello•
170 5
171 VOTE
172 ATTEST:173
174 ` `�J
175 Judit A. Pyle, CMC
176 Ci lerk
177
178
179 (City Seal)
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