18-026 1 ORDINANCE NO. 18-026
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF
5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS
6 GOOD STONE TOWNHOMES FROM COMMERCIAL GENERAL
7 (CG) TO INFILL PLANNED UNIT DEVELOPMENT (IPUD);
8 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN
9 EFFECTIVE DATE.
10
11 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
12 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
13 WHEREAS,the City of Boynton Beach has made application to rezone land, said land
14 being more particularly described hereinafter, from Commercial General (CG) to INFILL
15 PLANNED UNIT DEVELOPMENT (IPUD); 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 the
18 property hereinafter described; and
19 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
20 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH,FLORIDA, THAT:
23 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
26 Commercial General(CG)to INFILL PLANNED UNIT DEVELOPMENT(IPUD). A location
27 map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal
28 Description:
29
30
31 PARCEL 1
32 A PARCEL OF LAND IN GOVERNMENT LOT 1, SECTION 4, TOWNSHIP 46 SOUTH, RANGE
33 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
34 AS FOLLOWS:
35 FROM THE POINT OF INTERSECTION OF THE WESTERLY LINE OF SAID GOVERNMENT
36 LOT 1 OF SAID SECTION 4 WITH THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD
37 NO. 5, RUN NORTH 17°13'16"EAST, ALONG SAID RIGHT-OF-WAY LINE, 52.55 FEET TO
38 THE POINT IN THE NORTH LINE OF TRADE WINDS ESTATES FIRST ADDITION,
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3 9 ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 22, PAGE 44, OF THE
4 0 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE CONTINUE
41 NORTHERLY ALONG THE SAME COURSE, A DISTANCE OF 28.52 FEET TO THE POINT OF
42 BEGINNING AND THE SOUTHWEST CORNER OF THE PARCEL OF LAND HEREIN
43 DESCRIBED; THENCE NORTH 89°18'46"EAST, PARALLEL TO THE NORTH LINE OF SAID
44 TRADE WINDS ESTATES FIRST ADDITION, A DISTANCE OF 108 FEET; THENCE NORTH
4 5 17°13'16"EAST, PARALLEL TO THE EASTERLY RIGHT-OF-WAY LINE OF SAID STATE
4 6 ROAD NO.5, A DISTANCE OF 49.85 FEET TO A POINT IN A LINE PARALLEL TO THE
47 NORTH LINE OF SAID TRADE WINDS ESTATES FIRST ADDITION, AND 75 FEET
4 8 NORTHERLY THEREFROM, MEASURED ALONG A LINE PARALLEL TO THE WEST
49 RIGHT-OF-WAY LINE OF THE INTERCOASTAL WATERWAY; THENCE NORTH 89°18'46"
5 0 EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 44.78 FEET, MORE OR LESS TO A
51 POINT 734.91 FEET WESTERLY FROM, MEASURED ALONG SAID PARALLEL LINE, THE
52 WESTERLY RIGHT-OF-WAY LINE OF SAID INTERCOASTAL WATERWAY, A DISTANCE
5 3 OF 69.16 FEET TO A POINT IN THE SOUTH LINE OF A PRIVATE ROAD;THENCE NORTH
54 05°26'06"EAST, PARALLEL TO SAID SOUTH LINE OF PRIVATE ROAD; THENCE
5 5 WESTERLY ALONG THE SOUTH LINE OF SAID PRIVATE ROAD, BEING THE ARC OF A
56 CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 102.47 FEET,A DISTANCE
57 OF 20.30 FEET TO THE END OF SAID CURVE; THENCE SOUTH 89°18'46"WEST PARALLEL
5 8 TO THE NORTH LINE OF SAID TRADE WINDS ESTATES FIRST ADDITION,AND ALONG
5 9 THE SOUTH LINE OF SAID PRIVATE ROAD, A DISTANCE OF 118.42 FEET TO A POINT IN
6 0 THE EASTERLY RIGHT-OF-WAY OF LINE OF SAID STATE ROAD NO. 5; THENCE SOUTH
61 17°13'16"WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 120
62 FEET TO THE POINT OF BEGINNING.
6 3 PARCEL 2
64 A PARCEL OF LAND IN GOVERNMENT LOT 1, SECTION 4, TOWNSHIP 46 SOUTH, RANGE
6 5 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
66 AS FOLLOWS:
67 COMMENCING FROM THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF U.S
68 HIGHWAY NO. 1 (STATE ROAD NO. 5)A 100 FOOT RIGHT OF WAY AS SHOWN ON THE
69 FLORIDA DEPT. OF TRANSPORTATION RIGHT OF WAY MAP SECTION 9301-205, WITH
7 0 THE NORTH LINE OF TRADE WINDS ESTATES FIRST ADDITION, AS RECORDED IN PLAT
71 BOOK 22,PAGE 44, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
7 2 THENCE NORTH 17°13'16"EAST ALONG SAID EAST RIGHT OF WAY LINE,A DISTANCE
73 OF 28.52 FEET; THENCE NORTH 89°18'46"EAST ALONG A LINE PARALLEL TO,AND 27.14
74 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO SAID NORTH LINE OF TRADE
7 5 WINDS ESTATES FIRST ADDITION, A DISTANCE OF 90.13 FEET TO THE POINT OF
7 6 BEGINNING; THENCE CONTINUE NORTH 89°18'40"EAST A DISTANCE OF 5.84 FEET;
77 THENCE NORTH 11°48'40: EAST ALONG THE EAST(WATER SIDE)EDGE OF A CONCRETE
78 SEAWALL, A DISTANCE OF 42.44 FEET; THENCE NORTH 88°32'42"EAST ALONG THE
7 9 SOUTH(WATER SIDE) EDGE OF SAID CONCRETE SEAWALL, A DISTANCE OF 44.51 FEET;
80 THENCE NORTH 05°26'06" EAST A DISTANCE OF 5.44 FEET; THENCE SOUTH 89°18'46"
81 WEST ALONG THE BOUNDARY OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK
8 2 8002, PAGE 740, A DISTANCE OF 44.78 FEET; THENCE SOUTH 17°13'16" WEST ALONG
8 3 THE BOUNDARY OF SAID PARCEL, A DISTANCE OF 49.85 FEET TO THE POINT OF
84 BEGINNING.
85
86
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87 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
88 accordingly.
89 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
90 Section 5. Should any section or provision of this Ordinance or any portion thereof be
91 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
92 remainder of this Ordinance.
93 Section 6. This ordinance shall become effective immediately upon passage.
94 FIRST READING this 2nd day of October, 2018.
95 SECOND, FINAL READING and PASSAGE this / '"day of(904 , 2018.
96 CITY OF BOYNTON BEACH,FLORIDA
97 YES NO
98
99 Mayor—Steven B. Grant
100
101 Vice Mayor—Christina L. Romelus
102
103 Commissioner—Mack McCray
104
105 Commissioner—Justin Katz
106
107 Commissioner—Joe Casello
108
109 VOTE
110 ATTEST:
111
112
113 /114
115 Judith t4. Pyle, CMC
116 City lj rk
117
118
119 (Corporate Seal)
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87 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
88 accordingly.
89 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
90 Section 5. Should any section or provision of this Ordinance or any portion thereof be
91 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
92 remainder of this Ordinance.
93 Section 6. This ordinance shall become effective immediately upon passage.
94 FIRST READING this 2nd day of October, 2018.
95 SECOND, FINAL READING and PASSAGE this (`'{day of 0 i-e-r- , 2018.
96 CITY OF BOYNTON BEACH, FLORIDA
• 97 YES NO
98
99 Mayor-Steven B. Grant
100
101 Vice Mayor-Christina L. Romelus
102
103 Commissioner-Mack McCray
104
105 Commissioner-Justin Katz
106
107 Commissioner-Joe Casello
108
109 VOTE `"D
110 ATTEST:
111
112
113
114
115 Judith r4. Pyle, CMC
116 City Il)-rk
117
118 N%%,
119 (Corporate Seal) -' "K Y 1 Oi,
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