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06-009 4 5 6 7 8 9 10 11 12 13 14 15 16 1 ~I ORDINANCE NO, 06- ooq AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF HELENE OLSSON, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED AT 401 OLD DIXIE HIGHWAY, AS MORE FULLY DESCRIBED HEREIN, FROM COMMUNITY COMMERCIAL (C-3) TO SINGLE FAMILY RESIDENTIAL (R-l); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Mildred Martin, owner of the property located at 401 Old Dixie Highway 17 in Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through 18 its agent, Jack White, pursuant to Section 9 of Appendix A,Zoning, of the Code of Ordinances, 19 City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said land being 20 more particularly described hereinafter, from Community Commercial (C-3) to Single Family 21 Residential (R-I); and 22 WHEREAS, the City Commission conducted a public hearing and heard testimony 23 and received evidence which the Commission finds supports a rezoning for the property 24 hereinafter described; and 25 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 26 an amendment to the Land Use which was contemporaneously considered and approved at the 27 public hearing heretofore referenced; and 28 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 29 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. S:\CA \Ordinances\Planning\Rezoning\Rezoning - Olsson. doc 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section 1. The foregoing Whereas clauses are true and correct and incorporated 4 herein by this reference, 5 Section 2, The following described land at 401 Old Dixie Highway in the City of 6 Boynton Beach, Florida, as set forth as follows: 7 ALL THAT PART OF THE SOUTH 81.69 FEET OF SECTION 33, TOWNSHIP 45 8 SOUTH, RANGE RE EAST, PALM BEACH COUNTY FLORIDA, LYING BETWEEN 9 THE RIGHT OF WAY OF THE FLORIDA EAST COAST RAILWAY AND THE 10 RIGHT OF WAY OF THE OLD DIXIE HIGHWAY; LESS A PARCEL OF LAND IN 11 SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY 12 FLORIDA 13 14 BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 15 33, WITH THE EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST 16 RAILWAY, THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 17 33, A DISTANCE OF 409.8 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO 18 THE PRECEDING COURSE, A DISTANCE OF 81.69 FEET; THENCE WESTERLY, 19 PARALLEL TO THE SOUTH LINE OF SECTION 33, A DISTANCE OF 97.00 FEET 20 TO THE INTERSECTION OF THE SAID EAST RIGHT OF WAY OF THE FLORIDA 21 EAST COAST RAILWAY; THENCE SOUTHERLY ALONG THE EAST RIGHT OF 22 WAY LINE OF THE FLORIDA EAST COAST RAILWAY, A DISTANCE OF 82.69 23 FEET TO THE POINT OF BEGINNING 24 25 26 be and the same is hereby rezoned from Community Commercial (C-3) to Single Family 27 Residential (R-I). A location map is attached hereto as Exhibit "A" and made a part of this 28 Ordinance by reference. 29 Section 3. 30 accordingly. 31 Section 4. 32 repealed, 33 Section 5. That the aforesaid Revised Zoning Map of the City shall be amended All ordinances or parts of ordinances in conflict herewith are hereby Should any section or provision of this Ordinance or any portion thereof be S:\CA\Ordinances\Planning\Rezoning\Rezoning - Olsson.doc 1 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 2 remainder of this Ordinance. 3 Section 6. This ordinance shall become effective immediately upon passage. 4 FIRST READING this ~ day of Ja..nuo...r'{--, 2006. SECOND, FINAL READING and PASSAGE this ~ day of ~U.o..r1-' 2006. CITY OF B\TONBEACH, FLORID, A A- /, ~~:/~,") 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 2 28 29 ATTEST: A...- c '/ .~ S:\CA\Ordinances\Planning\Rezoning\Rezoning - Olsson.doc LOCATION MAP Olsson Property LUAR 05-013 Exhibit A I i -+- 250 125 o 250 Feet N A