14-016 11
1 ORDINANCE NO. 14- 0160
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, REGARDING THE APPLICATION OF PAUL
5 TREMBLAY OF BOOS DEVELOPMENT GROUP, LTD.,
6 AMENDING ORDINANCE 02 -013 TO REZONE A PARCEL OF
7 LAND LOCATED ON THE SOUTHEAST CORNER OF NORTH
8 SEACREST BOULEVARD AND MARTIN LUTHER KING JR.
9 BOULEVARD, AS MORE FULLY DESCRIBED HEREIN, FROM
10 SINGLE AND TWO - FAMILY RESIDENTIAL DISTRICT (R -2)
11 TO NEIGHBORHOOD COMMERCIAL (C -2); PROVIDING FOR
12 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE.
13
14 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
15 adopted Ordinance No. 02 -013, in which a Revised Zoning Map was adopted for said City;
16 and
17 WHEREAS, Paul Tremblay of BOOS Development Group Ltd., has filed a petition
18 on behalf of the owner, Family Dollar, to rezone a parcel of land more particularly described
i i
19 hereinafter; and
20 WHEREAS, the City Commission, following required notice, conducted a public
21. hearing to consider the rezoning and heard testimony and received evidence which the
22 ; j Commission finds supports a rezoning for the property hereinafter described; and
23 ' WHEREAS, the City Commission finds that the proposed rezoning is consistent with
24 the Land Use described in the City's Comprehensive Plan; and
25 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
26 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
29 Section 1. The foregoing Whereas clauses are true and correct and incorporated
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1 herein by this reference.
2 Section 2. The following described land located on the Southeast corner of North
3 Seacrest Boulevard and Martin Luther King Jr. Boulevard, as more fully described herein, is
4 hereby rezoned from Single and Two - Family Residential District (R -2) to Neighborhood
5 Commercial District (C -2):
6 LOTS 1 AND 2, BLOCK 5, PALM BEACH COUNTRY CLUB ESTATES, ACCORDING TO
7 THE PLAT THEREOF RECORDED IN PLAT BOOK 11, PAGE 43, OF THE PUBLIC
8 RECORDS OF PALM BEACH COUNTY, FLORIDA ALSO DESCRIBED AS FOLLOWS:
9 COMMENCING AT AN IRON ROD AT THE SOUTHEAST CORNER OF LOT 2, BLOCK 5,
10 PALM BEACH COUNTRY CLUB ESTATES, ACCORDING TO THE PLAT THEREOF AS
11 RECORDED IN PLAT BOOK 11, PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH
12 COUNTY, FLORIDA, RUN NORTH 89 °59'35" WEST ALONG THE SOUTHERLY LINES
13 OF SAID LOT 2 AND OF LOT 1IN SAID BLOCK 5 FOR A DISTANCE OF 100 FEET TO
14 AN IRON ROD AT THE SOUTHWEST CORNER OF SAID LOT 1AND A POINT ON THE
1 EASTERLY RIGHT OF WAY LINE OF SEACREST BOULEVARD; THENCE RUN NORTH
16 1 °35'35" WEST ALONG THE EASTERLY RIGHT OF WAY LINE OF SEACREST
17 BOULEVARD AND ALONG THE WESTERLY LINE OF SAID LOT FOR A DISTANCE OF
18 120 FEET TO AN IRON ROD AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE
19 RUN SOUTH 89 °59'35" EAST ALONG THE NORTHERLY LINE OF SAID LOTS 1AND 2
20 AND ALONG THE SOUTHERLY RIGHT OF WAY OF NORTHEAST 10TH AVENUE FOR
21 A DISTANCE OF 100 FEET TO AN IRON ROD AT THE NORTHEAST CORNER OF SAID
22 LOT 2, THENCE RUN SOUTH 1 °35'35" EAST ALONG THE EASTERLY LINE OF SAID
23 LOT 2 FOR A DISTANCE OF 120 FEET TO THE POINT OF BEGINNING.
24 LESS AND EXCEPT THAT PARCEL OF LAND FOR ROAD RIGHT OF WAY PURPOSES
25 IN SECTION 21,TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
26 FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
27 ALL THAT PORTION OF LOTS 1 AND 2, BLOCK 5, PALM BEACH COUNTRY CLUB
28 ESTATES, AS RECORDED IN PLAT BOOK 11, PAGE 43, PUBLIC RECORDS OF PALM
29 BEACH COUNTY, FLORIDA, LYING WEST OF THE PROPOSED EASTERLY RIGHT OF
30 WAY LINE AS SHOWN ON THE RIGHT OF WAY MAP OF SEACREST BOULEVARD AS
31 RECORDED IN ROAD BOOK 5, PAGES 179 THROUGH 183, OF SAID PALM BEACH
32 COUNTY RECORDS
33
34 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by
35 reference.
36 Section 3. That the Zoning Map of the City is amended to reflect this rezoning.
37 ; Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
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1
'I
1 repealed.
2'I Section 5. Should any section or provision of this Ordinance or any portion thereof
3 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
4 the remainder of this Ordinance.
5 Section 6. This ordinance shall become effective immediately upon passage.
6 FIRST READING this 19 day of August, 2014.
7 SECOND, FINAL READING and PASSAGE this 3 day of Sep r • , 2014.
8 VOTE CITY OF BOYNTON BEACH, FLORIDA
9
10 C
11 AYE — ' ...to
12 Ayor —Jj ayl•
13
14
15 AYE
16 " e Mayor — Joe Casello
17
18
19 AYE
20 Commissioner — David T . Mer
21
22
23 AYE
24 omm ssioner — Mac McCray
25
26 .
27 AYE ` �J
28 ATTEST: Commissioner — Michael M. Fitzpatrick
29
30
31
32 S' PAG.:,,,L
33 Jane M. Prainito, MMC
34 Clerk
35 tY Up
36
371
38 ( . o‘N. Seal) cp
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EXHIBIT "A" -SITE LOCATION MAP
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