10-004
II I
1 ORDINANCE NO. 10-004
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF ROBERT VITALE, REALTY
6 ACQUISITIONS & TRUST, INC., AMENDING
7 ORDINANCE 02-013 TO REZONE A PARCEL OF
8 LAND LOCATED AT 2319 SOUTH FEDERAL
9 HIGHWAY, NORTHWEST CORNER OF
10 SOUTHEAST 23 AVENUE AND FEDERAL
11 HIGHWAY AS MORE FULLY DESCRIBED
12 HEREIN, FROM INFILL PLANNED UNIT
13 DEVELOPMENT (IPUD) TO COMMUNITY
14 COMMERCIAL (C-3); PROVIDING FOR
15 i CONFLICTS, SEVERABILITY, AND AN
16 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;
20 and
21 WHEREAS, Robert Vitale of Realty Acquisitions & Trust, Inc., has filed a petition
22 to rezoning a parcel of land more particularly described hereinafter; and
23 WHEREAS, the City Commission, following required notice, conducted a public
24 hearing to consider the rezoning and heard testimony and received evidence which the
25 Commission finds supports a rezoning for the property hereinafter described; and
26, WHEREAS, the City Commission finds that the proposed rezoning is consistent
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27 with the Land Use described in the City's Comprehensive Plan; and
28 WHEREAS, the City Commission deems It in the best interests of the inhabitants
29 of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Ii I Section I. The foregoing Whereas clauses are true and correct and incorporated
2 herein by this reference.
3 Section 2. The following described land located at 2319 South Federal
4 Highway, the northwest comer of South Federal Highway and Southeast 23 Avenue is
5 hereby rezoned from Infill Planned Unit Development (IPUD) to Community Commercial
6 (C-3):
7 LOTS I THROUGH 5, "ROBINSON ADDITION", ACCORDING TO THE
8 PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 144 OF THE
9 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
10
11 SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM
12 COUNTY, FLORIDA.
13
14 CONTAINING 55,955 SQUARE FEET 11.285 ACRES, MORE OR LESS.
15
16 SUBJECT TO EASMENTS, RESTRICTIONS, RESER V A TIONS,
17 COVENANTS, AND RIGHTS-OF-WAY OF RECORD.
18
19 LESS EXISTING R-O- W FOR U.S. HIGHWAY NUMBER 1 (ST A IE RD 5)
20 AND LESS EXISTING R-O-W FOR SE 23RD A VENUE; AND
21 INTERSECTION OF US HIGHWAY 1 AND SE 23RD AVENUE
22
23 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by
24 reference.
25 Section 3. That the Zoning Map of the City is amended to reflect this rezoning.
26 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
27 repealed.
28 Section 5. Should any section or provision of this Ordinance or any portion thereof
29 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
30 the remainder of this Ordinance.
31 Section 6. This ordinance shall become effective immediately upon passage.
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1 FIRST READING this I q -M, day of Ja..nutU"1 ,2010.
2 SECOND, FINAL READING and PASSAGE this J&l day of ~(tVtcJ ,2010.
3 CITY OF BOQCH, FLORIDA
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6 Tayl
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18 ATTEST: Commis 10ner - Marlene Ross
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23 t M. Prainito, CMC
24 ty Clerk
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