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ORDINANCE NO. 06- oLf S"
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF ROBERT RICHARDSON, JR.,
AND MARK C. DALY, AMENDING ORDINANCE
02-013 TO REZONE A PARCEL OF LAND
LOCATED ON THE EAST SIDE OF FLORIDA
EAST COAST RAILROAD RIGHT-OF-WAY,
NORTH AND SOUTH OF SOUTHEAST 10TH
AVENUE, AS MORE FULLY DESCRIBED
HEREIN, FROM COMMUNITY COMMERCIAL
(C-3) TO INDUSTRIAL (M-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, Robert Richardson, Jr., and Mark C. Daly, owners of the property
located on the East side of Florida East Coast railroad right-of-way, North and South of
Southeast 10th Avenue in Boynton Beach, Florida, as more particularly described herein, has
filed a Petition, through its agent, Thomas F. Carney, Jr., of The Carney Legal Group,
pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton
Beach, Florida, for the purpose of rezoning a parcel of land, said land being more particularly
described hereinafter, from Community Commercial (C-3) to Industrial (M-l); and
WHEREAS, the City Commission conducted a public hearing and heard testimony
and received evidence which the Commission finds supports a rezoning for the property
hereinafter described; and
WHEREAS, the City Commission finds that the proposed rezoning is consistent with
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Hathaway Park Ind.doc
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1 an amendment to the Land Use which was contemporaneously considered and approved at
2 I i the public hearing heretofore referenced; and
3 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
4 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing Whereas clauses are true and correct and incorporated
8 herein by this reference.
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Section 2.
The following described land located on the East side of Florida East
10 Coast railroad right-of-way, North and South of Southeast 10th Avenue in the City of
11 Boynton Beach, Florida, as set forth as follows:
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13 South Y2 lot 13 and lots 14 thru 20 together with the
14 abandoned right-of-way- of East Railroad Avenue adjacent
15 to the south y, lot 13, Lot 14, lot 15 and lot 16, Block "E"
16 and Lot I, Block "Goo, Hathaway Park, a subdivision as
1 7 recorded in Plat Book 13, Page 17 in the Public Records of
18 Palm Beach County, Florida.
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2 0 Containing: 1.07 acres more or less.
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2 2 Subject to easements, restrictions, reservations and rights-of-way
23 of record.
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25 be and the same is hereby rezoned from Community Commercial (C-3) to Industrial (M-l). A
26 location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference.
27 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
28 accordingly.
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Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
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repealed.
Section 5. Should any section or provision of this Ordinance or any portion thereof
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be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
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remainder of this Ordinance.
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Section 6. This ordinance shall become effective immediately upon passage.
FIRST READING this ~ day of ~?f ,2006.
SECOND, FINAL READING and PASSAGE this /(,'/1, day of -11:t '1 ' 2006.
CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
(Corporate Seal)
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HATHAWAY PARK
LUAR 06-007
EXHIBIT "An
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