09-006
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1 ORDINANCE NO. 09-ro& "/I~-d1\- i 1)tI/c 7'
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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
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21 WHEREAS, after two (2) public he~\ngs the City Commission acting in its dual
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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
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24 the best interest of e inhabitants of said City to a~end the aforesaid Element of the
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26 NOW, TH REFORE, BE IT ORDAINED BY THE C~Y COMMISSION OF THE
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27 CITY OF OYNTON BEACH, FLORIDA, THAT: \\
28 ection 1: The foregoing WHEREAS clauses are true and~rrect and incorporated
29 by this reference, \
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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:
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7 See legal description atta.:hed hereto as Exhibit "A'
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10 Subject to easements, restrictions, reserv Ions, covenants and rights-
11 of-way of record.
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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.
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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
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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
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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
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1 SECOND, FINAL READING and PASSAGE this ---=- day- ,2009.
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I Mayor -
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8 V~ Mayor - Jose Rodriguez
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IIi Commissioner - Ronald Weiland
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14 Commissioner - Woodrow L. Hay
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17 Commissioner - Marlene Ross
18 ATTEST:
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21 Janet M. Prainito, C~C
22 City Clerk
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25 (Corporate S~l)
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s: ICA IOrdinances\Plannin/tILand U se\Northstar.doc
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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.
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