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17-0331f 1. 1: 1; 1� 1� if 1' lE 1! 21 2: 2: 2: 2, 2' 21 2' 2 ORDINANCE NO. 17-033 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS ALDI FROM OFFICE PROFESSIONAL (C-1) TO COMMUNITY COMMERCIAL (C-3*1); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, the City of Boynton Beach, owner of the property has made application to rezone a parcel of land, said land being more particularly described hereinafter, from Office Professional (C-1) to Community Commercial (C-3); and WHEREAS, the City Commission conducted public hearings as required by law and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The land herein described be and the same is hereby rezoned from 1 Scriveners error (was C-2) C:\Users\Nievesq\AppData\Local\MicrosoR\Windows\Temporary Intemet Fi1es\Content.0ut1ook\U6KEIFJI\ALDI - Rezone(2nd read) (2).doc 3 Q 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 21 Office Professional (C-1) to Community Commercial (C-3). A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal Description: A PARCEL OF LAND IN BLOCKS 8 AND 25, PALM BEACH FARMS CO. PLAT NO. 8, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT OF INTERSECTION WITH THE WEST LINE OF SAID BLOCK 8 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST BOYNTON BEACH ROAD (STATE ROAD NO. S-804), AS SHOWN ON ROAD PLAT BOOK 2, PAGES 217 THRU 220 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE RUN EASTERLY 250.00 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO A POINT; THENCE RUN SOUTHERLY WITH A BEARING OF SOUTH 01 ° 10'26" WEST, A DISTANCE OF 14.00 FEET TO THE POINT OF BEGINNING OF PARCEL ONE; THENCE CONTINUING WITH THE AFORESAID BEARING OF SOUTH 01010'26" WEST, A DISTANCE OF 380.80 FEET TO A POINT; THENCE RUN WESTERLY ON A BEARING OF NORTH 88049'34" WEST, A DISTANCE OF 234.92 FEET TO A POINT 15.00 FEET EAST AND PARALLEL TO THE WEST LINE OF SAID BLOCKS 8 AND 25; THENCE RUN NORTHERLY ALONG A LINE 15.00 FEET EAST AND PARALLEL WITH THE SAID WEST LINE OF BLOCKS 8 AND 25 WITH A BEARING OF NORTH 01010'26" EAST, A DISTANCE OF 374.56 FEET TO A POINT; THENCE RUN EASTERLY WITH A BEARING OF NORTH 89039'11" EAST, A DISTANCE OF 235.00 FEET ALONG A LINE 14 FEET SOUTH OF AND PARALLEL TO SAID SOUTHERLY RIGHT- OF-WAY LINE OF (STATE ROAD NO. S-804) TO THE POINT OF BEGINNING. SAID LANDS ALSO DESCRIBED AS FOLLOWS: UNIT NUMBERS 1 THROUGH 11, INCLUSIVE, PLAZA WEST OFFICE CONDOMINIUM PHASE I, A COMMERCIAL CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, RECORDED IN OFFICIAL RECORDS BOOK 5146, PAGE 269, AND ALL EXHIBITS AND AMENDMENTS THEREOF, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 6 21 1 accordingly. 631 64 65 66 67 68 69 70 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This ordinance shall become effective immediately upon passage. C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\VAGZE6P0\ALDI_-_Rezone (1).doc 71 72 7? 74 7 E 7E 7i 7E 7S 8C 81 82 8? 84 8E 8E 8i 8E 8S 9C 91 92 9_ 94 9C 9E 91 9E FIRST READING thisA60'- day of ew Xe,— , 2017. SECOND, FINAL READING and PASSAGE this .54 day of 2017. CITY OF BOYNTON BEACH, FLORIDA ATTEST: aaC6j7j Judit�tk Pyle, CMC City (City Seal) YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus ✓ Commissioner — Joe Casello VOTE C:\Users\Stanzione7lAppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\VAGZE6P0\ALDI_-_Rezone.doc EXHIBIT A SITE LOCATION MAP ) 3060 120 180 240 Feet ALDI: PROPOSED FLU (LUAR 17-006) G G SITE LRC Iproposed L 4f�E�t4�f�i4i! � ■Lj Legend: FLU Categories LOW DENSITY RESIDENTIAL (LDR), 7.5 D.U./Acre wilco"m CITY BOUNDARI, LOCAL RETAIL COMMERCIAL (LRC) OFFICE COMMERCIAL (OC) EXHIBIT B A 0 3060 120 180 240 Feet EXHIBIT A SITE LOCATION MAP -- . -- Y P% • r W y B- ntonlBeach Blvd`, . Y. 14 R:,Ilk. At '� 40. co 0 3060 120 180 240 Feet