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09-006 II , v)pi,^4A-~~ -17 1 ORDINANCE NO. 09-ro& "/I~-d1\- i 1)tI/c 7' 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE EL MENT 6 OF THE COMPREHENSIVE PLAN FOR A ARCEL 7 qWNED BY NORTHST AR CEMETERY SE ICES OF 8 ' F~ORIDA LLC., AND LOCATED AT 3691 EACREST 9 BOVLEV ARD; CHANGING THE AND USE 10 DES)PNA TION FROM INSTITUTION AND PUBLIC 11 F ACI~ITIES (INST) TO LO AL RETAIL 12 COM:CIAL; PROVIDING F CONFLICTS, 13 SEVE .. ILITY, AND AN EFFEC VE DATE. 14 15 WHEREAS, the City Commission of the ty of Boynton Beach, Florida has adopted 16 a Comprehensive Future Land tlse Plan and as art of said Plan a Future Land Use Element 17 pursuant to Ordinance No, 89J38 accordance with the Local Government 18 Comprehensive Planning Act; and 19 WHEREAS, the procedure r'{lmendment of a Future Land Use Element of a 20 Comprehensive Plan as set forth i Chapteh 163, Florida Statutes, has been followed; and '\ \ 21 WHEREAS, after two (2) public he~\ngs the City Commission acting in its dual \ 22 capacity as Local PJanni Agency and City !mmiSSiOn finds that the amendment 23 hereinafter set forth is co sistent with the City's ado. ed Comprehensive Plan and deems it in \ \ 24 the best interest of e inhabitants of said City to a~end the aforesaid Element of the " \, 25 \~ 26 NOW, TH REFORE, BE IT ORDAINED BY THE C~Y COMMISSION OF THE \ 27 CITY OF OYNTON BEACH, FLORIDA, THAT: \\ 28 ection 1: The foregoing WHEREAS clauses are true and~rrect and incorporated 29 by this reference, \ \ \ , , S \CA\Ordinances\Plannin/tILand Use\Northstar.doc \ \ -1- \ I II 1 Section 2: Ordinance No. 89-38 of the City is hereby amended to 2 following: 3 That the Future Land Use of the following described land loc 4 Boulevard changing the land use designation from Institutional an 5 Local Retail Commercial: 6 7 See legal description atta.:hed hereto as Exhibit "A' 8 9 10 Subject to easements, restrictions, reserv Ions, covenants and rights- 11 of-way of record. 12 13 / 14 Section 3: That any maps adopted.ril accordance with the Future Land Use Element of the 15 Future Land Use Plan shall be amend.ed accordingly. l i 16 Section 4: All ordinances f"parts of ordinances in conflict herewith are hereby repealed. 17 Section 5: Should afction or provision of this Ordinance or any portion thereof be 18 declared by a court of co petent jurisdiction to be invalid, such decision shall not affect the 19 20 he effective date of this plan amendment shall be the date a final order is issued by the D artment of Community Affairs finding the amendment to be in compliance in 22 accordance,fth Chapter 163.3184, F.S.; or the date a final order is issued by the Administration l ! 23 Commiss~6n finding the amendment to be in compliance in accordance with Section 163.3184, 24 F.S. 25 FIRST READING this ~ day of Jdl1Lla..f't ,2009. s :\CA \Ordinances\Plannin/tILand Use\Northstar doc - 2 - I 11 II I " ~HI> 1 SECOND, FINAL READING and PASSAGE this ---=- day- ,2009. 2 3 4 ' I Mayor - 5 I 6 7 / 8 V~ Mayor - Jose Rodriguez 9 10 IIi Commissioner - Ronald Weiland 12 13 14 Commissioner - Woodrow L. Hay 15 16 17 Commissioner - Marlene Ross 18 ATTEST: 19 20 21 Janet M. Prainito, C~C 22 City Clerk 23 24 25 (Corporate S~l) 26 I s: ICA IOrdinances\Plannin/tILand U se\Northstar.doc - 3 - KEATLEY INVESTMENTS, Inc. CEMETERY PARCEL LEGAL DESCRIPTION OF PALM BEACH MEMORIAL PARK Situated in the County of Palm Beach, State of Florida, and knows as being a part of the re-plat of part of Lincoln memorial Gardens, as recorded in Plat Book 25, Page 225, and further described as follows: COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road (width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast comer of Northwest Quarter (NW 1/4) of Section 9, Township 45 South, Range 43 East, Palm Beach County, Florida; Thence South 02029' 14" West, along the centerline of Seacrest Boulevard and the east line of said Northwest Quarter of Section 9, a distance of 1,218.79 feet to a point; Thence North 870 30' 46" West, a distance of 40.00 feet to a point on the West right-of-way line of said Seacrest Boulevard, and being 20.30 feet South of the North line of the re-plat of Lincoln Memorial Gardens, and the POINT OF BEGINNING; Thence South 020 29' 14" West along the West right-of-way line of said Seacrest Boulevard, a distance of 1,391.26 feet to a point; thence North 870 30' 46" West, a distance of 92.00 feet to a point; thence South 020 29' 14" West, a distance of 93.00 feet to a point; thence North 870 30' 46" West, a distance of 81.83 feet to a point; thence North 01001' 59" East, a distance of 156,13 feet to a point; thence North 87030' 46" West, a distance of 33.81 feet to a point; thence North 01001' 59" East, a distance of2.74 feet to a point; thence North 870 30' 46" West, a distance of 326.39 feet to a point; thence South 010 01' 59" West, a distance of 12.00 feet to a point; thence North 87030' 46" West, a distance of 148.72 feet to a point; thence South 010 01' 59" West, a distance of 19.03 feet to a point; thence North 870 30' 46" West a distance of 176.44 feet to a point on the East right-of-way line State Route 9 (Interstate 95), a variable width public right-of- way; thence North 010 01' 59" East, along the East right-of-way line of said State Route 9, a distance of 1,174.86 feet to a concrete disk found; thence South 880 55' 16" East, a distance of 344.35 feet to a point; thence North 030 27' 44" East, a distance of 160.14 feet to a point; thence South 880 55' 16" East, a distance of 545.43 feet to the POINT OF BEGINNING. Said parcel contains 25.89 acres ofland, more or less. EXNltSl r- i \11--