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06-095 II 1 ORDINANCE NO. 06-095 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 BOULEV ARD, APPROXIMA TEL Y 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 31 hereinafter described; and C:\Documents and Settings\PrainitoJ\Local Settings\Temporary Internet Files\OLK I04\Rezoning - Miraflor.doc 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. 10 Section 2. The following described land located at on the West side of North 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 THE COUNTY OF PALM BEACH AND STATE OF FLORIDA, AND KNOWN 14 AS BEING A PART OF THE REPLAT OF PART OF LINCOLN OF LINCOLN MEMORIAL 15 GARDENS AS RECORDED IN PLAT BOOK 25, PAGE 225, AND FURTHER DESCRIBED AS 16 FOLLOWS: 17 18 BEGINNING AT A CAPPED PIN FOUND IN SOUTHEAST CORNER OF A PARCEL OF LAND 19 AS CONVEYED TO PALM BEACH COUNTY CEMETERY CORPORATION IN VOLUME 20 4784, PAGE 360, SAID POINT ALSO BEING ON THE WEST RIGHT OF WAY LINE OF 21 SEACREST BOULEVARD, A VARIABLE WIDTH PUBLIC RIGHT OF WAY; 22 23 THENCE, NORTH 87 DEG. 30'46" WEST, 857.45 FEET TO A POINT; 24 THENCE, NORTH 01 DEG. 01' 59" EAST, 196.13 FEET TO A POINT; 25 THENCE, SOUTH 87 DEG. 30'46" EAST, 176.44 FEET TO A POINT; 26 THENCE, NORTH 01 DEG. 01' 59" EAST, 19.03 FEET TO A POINT; 27 THENCE, SOUTH 87 DEG. 30' 46"EAST, 148.72 FEET TO A POINT; 28 THENCE, NORTH 01 DEG. 01' 59" EAST, 12.00 FEET TO A POINT; 29 THENCE, SOUTH 87 DEG. 30' 46" EAST, 326.39 FEET TO A POINT; 30 THENCE, SOUTH 01 DEG. 01' 59" WEST, 2.74 FEET TO A POINT; 31 THENCE, SOUTH 87 DEG. 30' 46" EAST, 33.81 FEET TO A POINT; 32 THENCE, SOUTH 01 DEG. 01' 59" WEST, 156.13 FEET TO A POINT; 33 THENCE, SOUTH 87 DEG. 30' 46" EAST, 81.83 FEET TO A POINT; 34 THENCE, NORTH 02 DEG. 29'14" EAST, 93.00 FEET TO A POINT; 35 THENCE, SOUTH 87 DEG. 30' 46 EAST, 92.00 FEET TO A POINT ON THE WEST RIGHT OF 36 WAY LINE OF SAID SEACREST BOULEVARD, SOUTH 02 DEG. 29' 14" WEST, 161.27 FEET C:\Documents and Settings\PrainitoJ\Local Settings\Temporary Internet Files\OLK1 04\Rezoning - Miraflor.doc II 1 TO THE POINT OF BEGINNING AND CONTAINING 3.87 ACRES (168,650 SQ. FT.) OF 2 LAND. 3 4 5 Subject to easements, restrictions, reservations, covenants and 6 rights-of-way of record. 7 8 e and the same is hereby rezoned from Residential, Multi-Family (Palm Bach County RM) to 9 ulti-Family Residential (R-3). A location map is attached hereto as Exhibit "A" and made a 10 art of this Ordinance by reference. 11 Section 3. 12 accordingly. 13 Section 4. 14 repealed. 15 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 16 e declared by a court of competent jurisdiction to be invalid, such decision shall not affect 1 7 he remainder of this Ordinance. 18 Section 6. This ordinance shall become effective immediately upon passage. 19 FIRST READING this 2nd day of January, 2007. 20 C:\Documents and Settings\PrainitoJ\LocaI Settings\Temporary Internet Files\OLK 104\Rezoning - Miraflor.doc " 1 SECOND, FINAL READING and PASSAGE this ~ day of Ja...() \..la.r 1 ' 2007. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4, 51 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Corporate Seal) S:\CA \Ordinances\Planning\Rezoning\Rezoning - Miraflor.doc C~~t~ The CitlJ ai BolJntan Beach "cr., f \, \ ' ' I \,'~ / ""__ .._f' ", ....... CitlJ Clerk's OHice 100 E BOYNTON BEACH BLVD BOYNTON BEACH R. 33435 (561)742-6060 FAX (561)742-6090 e-mail: prainitoj@ci.bolJnton-beach.H.us www.boynton-beach.org January 17, 2007 RE: ORDINANCE 06-095 - Miraflor - amending ordinance 02-013 to rezone a parcel of land located at west side of North Seacrest Blvd. approximately 0.5 miles south of Hypoluxo Road from Residential, Multi-Family (PBC RM) to Multi- Family Residential (R-3) Dear: Attached for your information and files is a copy of the above-mentioned ordinance that rezones the land described in the ordinance. The City Commission adopted this ordinance on January 16, 2007. If you have any questions concerning this ordinance, please do not hesitate to contact me. Sincerely, CITY OF BOYNTON BEACH Janet M. Prainito, CMC City Clerk Attachments 5:\CC\WP\Rezoning\year 2006\rezoning form merge letter - Ordinance 06-095 - Miraflor - 01-16-07.doc America's Gateway to the Gulfstream LastName Company Addressl State salutation MARK ADLER, EMERGENCY 20 S. MILITARY WEST PALM BEACH FL Mr. Adler: 911 SPECIALIST MEDICAL TRAIL 33415 SERVICES CHERYL M. CFE 301 NO. OLIVE WEST PALM BEACH FL Ms. Ranich: RANICH SUPERVISOR A VENUE, 5TH 33402 OF OWNERSHIP FLOOR, GEO SERVICES PROCESSING DIRECTOR PALM BEACH 100 WEST PALM BEACH FL Mr. Sir: COUNTY AUSTRALIAN 33406 PLANNING AVENUE DIVISION S:\CC\WP\Rezoning\rezoning data list.doc