18-025 1 ORDINANCE NO. 18-025
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 GOOD STONE
7 TOWNHOMES AND DESCRIBED HEREIN, OWNED BY GOOD
8 STONE, LLC; CHANGING THE LAND USE DESIGNATION FROM
9 COMMERCIAL HIGH WITH THE UNDERLYING MEDIUM
10 DENSITY RESIDENTIAL MR-5,MAX DENSITY OF 5 DU/AC (CH/5)
11 TO SPECIAL HIGH DENSITY RESIDENTIAL(SHDR); PROVIDING
12 FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE.
13
14 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
15 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land
16 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government
17 Comprehensive Planning Act; and
18 WHEREAS, the procedure for amendment of a. Future Land Use Element of a
19 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
20 WHEREAS, after two (2) public hearings the City Commission acting in its dual
21 capacity as Local Planning Agency and City. Commission finds that the amendment
22 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it
23 in the best interest of the inhabitants of said City to amend the Future Land Use Element
24 (designation) of the Comprehensive Plan as hereinafter provided.
25 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE
26 CITY OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
28 herein by this reference.
29 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the
30 Future Land Use of the following described land:
31 'ARCEL1
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32 A PARCEL OF LAND IN GOVERNMENT LOT 1, SECTION 4, TOWNSHIP 46 SOUTH, RANGE
3 3 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
34 FOLLOWS:
3 5 FROM THE POINT OF INTERSECTION OF THE WESTERLY LINE OF SAID GOVERNMENT LOT
3 6 1 OF SAID SECTION 4 WITH THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 5,
3 7 RUN NORTH 17°13'16"EAST,ALONG SAID RIGHT-OF-WAY LINE, 52.55 FEET TO THE POINT
3 8 IN THE NORTH LINE OF TRADE WINDS ESTATES FIRST ADDITION, ACCORDING TO THE
3 9 PLAT THEREOF, RECORDED IN PLAT BOOK 22, PAGE 44, OF THE PUBLIC RECORDS OF
4 0 PALM BEACH COUNTY, FLORIDA; THENCE CONTINUE NORTHERLY ALONG THE SAME
41 COURSE,A DISTANCE OF 28.52 FEET TO THE POINT OF BEGINNING AND THE SOUTHWEST
42 CORNER OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 89°18'46" EAST,
4 3 PARALLEL TO THE NORTH LINE OF SAID TRADE WINDS ESTATES FIRST ADDITION, A
44 DISTANCE OF 108 FEET; THENCE NORTH 17°13'16" EAST, PARALLEL TO THE EASTERLY
4 5 RIGHT-OF-WAY LINE OF SAID STATE ROAD NO.5, A DISTANCE OF 49.85 FEET TO A POINT
4 6 IN A LINE PARALLEL TO THE NORTH LINE OF SAID TRADE WINDS ESTATES FIRST
4 7 ADDITION, AND 75 FEET NORTHERLY THEREFROM, MEASURED ALONG A LINE
4 8 PARALLEL TO THE WEST RIGHT-OF-WAY LINE OF THE INTERCOASTAL WATERWAY;
4 9 THENCE NORTH 89°18'46"EAST,ALONG SAID PARALLEL LINE,A DISTANCE OF 44.78 FEET,
50 MORE OR LESS TO A POINT 734.91 FEET WESTERLY FROM, MEASURED ALONG SAID
51 PARALLEL LINE, THE WESTERLY RIGHT-OF-WAY LINE OF SAID INTERCOASTAL
52 WATERWAY, A DISTANCE OF 69.16 FEET TO A POINT IN THE SOUTH LINE OF A PRIVATE
53 ROAD; THENCE NORTH 05°26'06" EAST, PARALLEL TO SAID SOUTH LINE OF PRIVATE
54 ROAD;THENCE WESTERLY ALONG THE SOUTH LINE OF SAID PRIVATE ROAD,BEING THE
55 ARC OF A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 102.47 FEET, A
56 DISTANCE OF 20.30 FEET TO THE END OF SAID CURVE; THENCE SOUTH 89°18'46" WEST
5 7 PARALLEL TO THE NORTH LINE OF SAID TRADE WINDS ESTATES FIRST ADDITION, AND
5 8 ALONG THE SOUTH LINE OF SAID PRIVATE ROAD,A DISTANCE OF 118.42 FEET TO A POINT
5 9 IN THE EASTERLY RIGHT-OF-WAY OF LINE OF SAID STATE ROAD NO. 5; THENCE SOUTH
6 0 17°13'16" WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 120 FEET
61 TO THE POINT OF BEGINNING.
62 PARCEL 2
63 A PARCEL OF LAND IN GOVERNMENT LOT 1, SECTION 4, TOWNSHIP 46 SOUTH, RANGE
64 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
65 FOLLOWS:
6 6 COMMENCING FROM THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE
67 OF U.S HIGHWAY NO. 1 (STATE ROAD NO. 5) A 100 FOOT RIGHT OF WAY AS
6 8 SHOWN ON THE FLORIDA DEPT. OF TRANSPORTATION RIGHT OF WAY MAP
69 SECTION 9301-205, WITH THE NORTH LINE OF TRADE WINDS ESTATES FIRST
70 ADDITION, AS RECORDED IN PLAT BOOK 22, PAGE 44, OF THE PUBLIC
71 RECORDS OF PALM BEACH COUNTY,FLORIDA;THENCE NORTH 17°13'16"EAST
72 ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 28.52 FEET; THENCE
73 NORTH 89°18'46" EAST ALONG A LINE PARALLEL TO, AND 27.14 FEET NORTH
74 OF, AS MEASURED AT RIGHT ANGLES TO SAID NORTH LINE OF TRADE WINDS
7 5 ESTATES FIRST ADDITION, A DISTANCE OF 90.13 FEET TO THE POINT OF
76 BEGINNING; THENCE CONTINUE NORTH 89°18'40" EAST A DISTANCE OF 5.84
77 FEET; THENCE NORTH 11°48'40: EAST ALONG THE EAST (WATER SIDE) EDGE
7 8 OF A CONCRETE SEAWALL, A DISTANCE OF 42.44 FEET; THENCE NORTH
7 9 88°32'42" EAST ALONG THE SOUTH (WATER SIDE)EDGE OF SAID CONCRETE.
80 SEAWALL, A DISTANCE OF 44.51 FEET; THENCE NORTH 05°26'06" EAST A
81 DISTANCE OF 5.44 FEET; THENCE SOUTH 89°18'46" WEST ALONG THE
8 2 BOUNDARY OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 8002,PAGE
8 3 740, A DISTANCE OF 44.78 FEET; THENCE SOUTH 17°13'16" WEST ALONG THE
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84 BOUNDARY OF SAID PARCEL, A DISTANCE OF 49.85 FEET TO THE POINT OF
85 BEGINNING.
86
87
88 is amended from Commercial High with the underlying Medium Density Residential MR-5,
89 max density of 5 du/ac (CH/5)to: SPECIAL HIGH DENSITY RESIDENTIAL (SHDR).
9 0 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge,
91 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
92 Land Development Regulation Act. No party shall be vested of any right by virtue of the
93 adoption of this Ordinance until all statutory required review is complete and all legal challenges,
94 including appeals, are exhausted. In the event that the effective date is established by state law
95 or special act,the provisions of state act shall control.
96 FIRST READING this 2nd day of October, 2018.
97 SECOND, FINAL READING and PASSAGE this 40%day ofo,6e-r' , 2018.
98 CITY OF BOYNTON BEACH, FLORIDA
99 YES NO
100
101
102 Mayor—Steven B. Grant
103
104 Vice Mayor—Christina L. Romelus
105
106 Commissioner—Mack McCray /'
107
108 Commissioner—Justin Katz
109
110 Commissioner—Joe Casello
111 ��O
112 VOTE
113 ATTEST:
114 ....,� -.
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115 = <rT ry� ,
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116 ' J CS .
117 Jud - A. Pyle, CMC f d
118 Cit Clerk '' (-'
119 ; .-, - - •- ;
120 (Corporate Seal)
121 iJ •
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