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06-095-A 11 1 ORDINANCE NO. 06-095-A 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OF MIRAFLOR AT BOYNTON 6 BEACH, LLC., AMENDING ORDINANCE 02-013 7 TO REZONE A PARCEL OF LAND LOCATED ON 8 THE WEST SIDE OF NORTH SEACREST 9 BOULEVARD, APPROXIMATELY 0.5 MILES 10 SOUTH OF HYPOLUXO ROAD AND 11 IMMEDIATELY NORTH OF PINE POINT VILLAS, 12 AS MORE FULLY DESCRIBED HEREIN, FROM 13 RESIDENTIAL, MULTI-FAMILY (PALM BEACH 14 COUNTY RM) TO MULTI-FAMILY RESIDENTIAL 15 (R-3); PROVIDING FOR CONFLICTS, 16 SEVERABILITY, AND AN EFFECTIVE DATE. 17 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 19 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 2 0 and 21 WHEREAS, SCI Funeral Services of Florida, Inc., owner of the property located on 22 the West side of North Seacrest Boulevard, approximately 0.5 miles south of Hypoluxo Road 23 and immediately north of Pine Point Villas in Boynton Beach, Florida, as more particularly 24 described herein, has filed a Petition, through its agent, Miraflor at Boynton Beach, LLC., 25 pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton 26 Beach, Florida, for the purpose of rezoning a parcel of land, said land being more particularly 27 described hereinafter, from Residential, Multi-Family (Palm Beach County RM) to Multi- 28 Family Residential (R-3); and 29 WHEREAS, the City Commission conducted a public hearing and heard testimony 30 and received evidence which the Commission finds supports a rezoning for the property 3 1 hereinafter described; and S:\CA\Ordinances\Planning\Rezoning\Rezoning - Miraflor(legal rev).doc *This Ordinance corrects a scrivener's error in 06-095. II 1 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 2 an amendment to the Land Use which was contemporaneously considered and approved at 3 the public hearing heretofore referenced; and 4 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 5 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 7 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 8 Section 1. The foregoing Whereas clauses are true and correct and incorporated 9 herein by this reference. Section 2. The following described land located at on the West side of North 10 11 Seacrest Boulevard, approximately 0.5 miles south of Hypoluxo Road and immediately north 12 of Pine Point Villas in Boynton Beach, Florida, as set forth as follows: 13 SITUATED IN COUNTY OF PALM BEACH AND STATE OF FLORIDA, AND KNOWN AS 14 BEING A PART OF THE PALM BEACH MEMORIAL PARK AS RECORDED IN PLAT BOOK 15 25, PAGE 226, AND FURTHER DESCRIBED AS FOLLOWS: 16 17 BEGINNING AT A POINT IN THE SOUTHEAST CORNER OF A PARCEL OF LAND AS 18 CONVEYED TO PALM BEACH COUNTY CEMETERY CORPORATION IN OFFICIAL 19 RECORD BOOK 4 784, PAGE 360, SAID POINT ALSO BEING ON THE WEST RIGHT OF 20 WAY LINE OF SEACREST BOULEVARD, A VARIABLE WIDTH PUBLIC RIGHT OF WAY, 21 AND 52.20 FEET NORTH OF THE SOUTH LINE OF TRACT 1 OF SAID PALM BEACH 22 MEMORIAL PARK; 23 24 THENCE, NORTH 87 DEG. 30'46" WEST, 857.45 FEET TO A POINT; 25 THENCE, NORTH 01 DEG. 01'59" EAST, 196.13 FEET TO A POINT; 26 THENCE, SOUTH 87 DEG. 30'46" EAST, 176.44 FEET TO A POINT; 27 THENCE, NORTH 01 DEG. 01'59" EAST, 19.03 FEET TO A POINT; 28 THENCE, SOUTH 87 DEG. 30'46" EAST, 148.72 FEET TO A POINT; 29 THENCE, NORTH 01 DEG. 01'59" EAST, 12.00 FEET TO A POINT; 30 THENCE, SOUTH 87 DEG. 30'46" EAST, 326.39 FEET TO A POINT; 31 THENCE, SOUTH 01 DEG. 01'59" WEST, 2.74 FEET TO A POINT; 32 THENCE, SOUTH 87 DEG. 30'46" EAST, 33.81 FEET TO A POINT; 33 THENCE, SOUTH 01 DEG. 01'59" WEST, 156.13 FEET TO A POINT; 34 THENCE, SOUTH 87 DEG. 30'46" EAST, 81.83 FEET TO A POINT; 35 THENCE, NORTH 02 DEG. 29'14" EAST, 93.00 FEET TO A POINT; 36 THENCE, SOUTH 87 DEG. 30'46" EAST, 92.00 FEET TO A POINT ON THE WEST RIGHT OF S:\CA \Ordinances\Planning\Rezoning\Rezoning - Miraflor(legal rev).doc 11 1 WAY LINE OF SAID SEACREST BOULEVARD; 2 THENCE, ALONG THE WEST RIGHT OF WAY LINE OF SAID SEACREST BOULEVARD, 3 SOUTH 02 DEG. 29'14" WEST, 161.27 FEET TO THE POINT OF BEGINNING AND 4 CONTAINING 3.87 ACRES (168,650 Sq. Ft.) OF LAND. 5 6 7 Subject to easements, restrictions, reservations, covenants and 8 rights-of-way of record. 9 lObe and the same is hereby rezoned from Residential, Multi-Family (Palm Bach County RM) to 11 Multi-Family Residential (R-3). A location map is attached hereto as Exhibit "A" and made a 12 part of this Ordinance by reference. 13 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 14 I accordingly. 15 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 16 repealed. 17 Section 5. Should any section or provision of this Ordinance or any portion thereof 18 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 19 the remainder of this Ordinance. 20 Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this L day of ~lW H ~' 2001 21 22 S:\CA\Ordinances\Planning\Rezoning\Rezoning - Miraflor(legal rev).doc II 1 SECOND, FINAL READING and PASSAGE this ~ day of J~ 2007. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 2 25 CITY OF BOYNTON BEACH, FLORIDA /,1 / -~ ATTEST: S:\CA \Ordinances\Planning\Rezoning\Rezoning - Miraflor(legal rev).doc