09-008
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1 ORDINANCE NO. 09- 0('6 ,~ f /"~
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3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLIt;A TION OF NORTHSTAR CEMETERY
6 SERVI~ OF FLORIDA, LLC., AMENDING
7 ORDINA: CE 02-013 TO REZONE A PARCEL OF
8 LAND ~OCA TED AT 3691 SEACREST /
9 BOULEV~' AS MORE FULLY DESCRIBE
10 HEREIN, .OM RESIDENTIAL MULTI-FAMI
11 (RM) TO -3 COMMUNITY COMMERC L;
12 PROVIDING ~OR CONFLICTS, SEVERABI ITY,
13 AND AN EFF CTIVE DATE.
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15 WHEREAS, the City C~ission of the City f Boynton Beach, Florida has
16 adopted Ordinance No. 02-013, in ~hich a Revised Z ing Map was adopted for said City;
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17 and
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18 WHEREAS, Northstar Cemete~ Serv..ces of Florida, LLC., owner of the property
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19 located at 3691 Seacrest Boulevard, oynton Beach, Florida, as more particularly
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20 described herein, has filed a Petition, oug~ its agents, Bonnie Miskel and Scott Backman,
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21 pursuant to Section 9 of Appendi A-Zoning~ of the Code of Ordinances, City of Boynton
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22 Beach, Florida, for the purpos of rezoning a pa~el of land, said land being more particularly
Residential Multi-fam\ (RM) to C-3 Commnnity Commercial; r
23 described hereinafter, fro
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25 , the City Commission conducted public hearing and heard testimony
26 and received vidence which the Commission finds s ports a rezoning for the property
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28 WHEREAS, the City Commission finds that the pro sed rezoning is consistent with
29 ~endment to the Land Use which was contemporaneous considered and approved at
30 the public hearing heretofore referenced; and
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1 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
2 said City to amend the aforesaid Revised Zoning Map as hereinafter set fort .
3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY OMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
5 Section 1. The foregoing Whereas clauses are tru
6 herein by this reference. /
7 Section 2. The following described land ~ted at 3691 Seacrest Boulevard in
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8 Boynton Beach, Florida, as set forth as follows:
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10 See Legal Description attached as Exhibit "A"
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13 Subject to easements, restrictions, reservations, covenants and
14 rights-of-way of record.
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16 i be and the same is hereby rezoned from Residential Multi-family (RM) to C-3 Community
17 Commercial. A location map is attached hereto as Exhibit "B" and made a part of this
18 Ordinance by reference.
19 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
20 accordingly.
21 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
22 repealed.
23 Section 5. Should any section or provision of this Ordinance or any portion thereof
24 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
25 the remainder of this Ordinance.
26 . Section 6. This ordinance shall become effective immediately upon passage.
27 FIRST READING this ~ day of JCU1ULJ..I1 ,2009.
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1 SECOND, FINAL READING and PASSAGE this ~ _ day of U.~09.
2 CITY OF BOYNTON BEACH, FL DA
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5 Mayor - Jerry Taylor
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8 Vice Mayor - Jose
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14 Comm~ioner - Woodrow L. Hay
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17 ATTEST: Sf6mmissioner - Marlene Ross
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20 Janet M. Prainito, CMC /
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City Clerk f
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24 (Corporate Seal)
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KEA TLEY 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 020 29' 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 870 30' 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 01001' 59" West, a distance of 12.00 feet to a point; thence
North 870 30' 46" West, a distance of 148.72 feet to a point; thence South 01001' 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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SAM'S CLUB AND NORTHSTAR PROPERTIES EXHIBIT '.'15"
LOCATION MAP
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LEGEND W~~E
HDR - High Density Residential ~~~
MeDR- Medium Density Residential S
PPGI - Public & Private Governmental/Institutional 250 125 0 250 500 750 1.000
p- Fee!
...., - City Boundary