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06-039 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 ORDINANCE NO. 06- ()~q AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF CITY OF BOYNTON BEACH, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED ON THE WEST SIDE OF SEACREST BOULEVARD BETWEEN NORTHWEST 3RD AVENUE AND NORTHWEST 6TH AVENUE, AS MORE FULLY DESCRIBED HEREIN, FROM NEIGHBORHOOD COMMERCIAL (C-2) TO SINGLE FAMILY RESIDENTIAL (R-l); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 18 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 19 and 20 WHEREAS, various owners of the property located on the West side of Seacrest 21 Boulevard between Northwest 3rd Avenue and Northwest 6th Avenue in Boynton Beach, 22 Florida, as more particularly described herein, has filed a Petition, through its agent, City of 23 Boynton Beach, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, 24 City of Boynton Beach, Florida, for the purpose ofrezoning a parcel ofland, said land being 25 more particularly described hereinafter, from Neighborhood Commercial (C-2) to Single 26 Family Residential (R-l); and 27 WHEREAS, the City Commission conducted a public hearing and heard testimony 28 and received evidence which the Commission finds supports a rezoning for the property 29 hereinafter described; and 30 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 31 an amendment to the Land Use which was contemporaneously considered and approved at S:\CA \Ordinances\Planning\Rezoning\Rezoning - Seacrest (Low).doc II 1 the public hearing heretofore referenced; and 2 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 3 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: The foregoing Whereas clauses are true and correct and incorporated 6 Section 1. 7 herein by this reference. 8 Section 2. The following described land located on the West side of Seacrest 9 Boulevard between Northwest 3rd Avenue and Northwest 6th Avenue in the City of Boynton 10 Beach, Florida, as set forth as follows: 11 See attached Exhibit "A" 12 13 Containing: 1.68 acres more or less. 14 15 Subject to easements, restrictions, reservations and rights-of-way of 16 record. 17 18 be and the same is hereby rezoned from Neighborhood Commercial (C-2) to Single Family 19 Residential (R-l). A location map is attached hereto as Exhibit "B" and made a part of this 2 0 Ordinance by reference. 21 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 2 2 accordingly. 23 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 2 4 repealed. 2 5 Section 5. Should any section or provision of this Ordinance or any portion thereof 2 6 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 27 the remainder of this Ordinance. S:\CA \Ordinances\Planning\Rezoning\Rezoning - Seacrest (Low).doc II 1 Section 6. This ordinance shall become effective immediately upon passage. 2 FIRST READING this ~ day of MA1 ,2006. 3 SECOND, FINAL READING and PASSAGE this M day of 1J1 ~ CITY OF BOYNTON BEACH, FLORIDA ,2006. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ATTEST: ~~ i~-# 23 24 25 ~ "~'") ./ ...-" /", )pmmiss,ioner )1~~ C Commissioner C missioner JV~/ ~ I ~~ (Corporate Seal) S:\CA \Ordinances\Planning\Rezoning\Rezoning - Seacrest (Low).doc EXHIBIT "An LOTS 145 TO 147, LESS THE NORTH AND SOUTH 20 FOOT RETURN CURVE AREA ROAD RlGHT-OF-WAY, BLOCK A, PLAT OF BOYNTON HILLS, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 4, PAGE 51; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOT 145, LESS THE RETURN CURVE AREA ROAD RIGHT-OF-WAY, LOT 146, AND LOT 147, LESS THE 20 FOOT RETURN CURVE AREA ROAD RIGHT-OF-WAY, BLOCK B, PLAT OF BOYNTON HILLS, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 4, PAGE 51; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOT 130, LESS THE RlGHT-OF-W A Y OF SEACREST BOULEVARD, LOT 131, LOT 132, AND LOT 133, LESS THE SOUTH 15 FEET, BLOCK B, PLAT OF BOYNTON HILLS, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 4, PAGE 51; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOT 100, LESS THE 20 FOOT RETURN CURVE AREA ROAD RIGHT -OF- WAY, BLOCK B, PLAT OF BOYNTON HILLS, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 4, PAGE 51; SAID LANDS SITUATE L YlNG AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOT 100 AND THE SOUTH HALF OF ABANDONED NW 7TH COURT LYING NORTH OF AND ADJACENT THERETO, LESS 20 FOOT RETURN CURVE AREA ROAD RIGHT-OF-WAY, AND LOT 101, BLOCK C, PLAT OF BOYNTON HILLS, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 4, PAGE 51; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SEACREST BOULEVARD LUAR 06 - 014 LUAR 06 - 015 ~ \ -A-:>-- ~ .~_.-J --- .. .. .. -.-- , I .. d. ... c ---.- -. App.1 ~. . NWBTHAVE ] ~ j.lI 7/" r-_r-- /~ i \ /~ = ~/_v~ j : eLl --. ~- -------------- - - ~ ---------- =--- ~ -- ~ ~ f ~1- I .--- . --- ,--- ~ NW 4TH AVE ~\ 4< ~ t /--- C..,j 1-::;;1.--' ---- __/L----L~f-r~--l I - ----- -- r-- <<> HE 8TH AVE _ J HE S.TH AVE --.- --,-- 1- [---r---1- - no o 37.575 150 225 300 - - Feet ll/3 I J ,r:;.. X!+! IS 7/ - r-- -- w.' .