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24-015 1 ORDINANCE NO. 24-015 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 02-013 TO 5 REZONE AN APPROXIMATELY .60 ACRE PARCEL OF REAL PROPERTY 6 LOCATED AT 500 NORTHEAST 21ST AVENUE, BOYNTON BEACH, 7 FLORIDA, FROM MULTI-FAMILY RESIDENTIAL (R3) TO 8 NEIGHBORHOOD COMMERCIAL (C2); DECLARING THE PROPOSED 9 AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN 10 OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND 11 PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS,the City Commission of the City of Boynton Beach, Florida, adopted Ordinance 14 No. 02-013, establishing an official zoning map of the City; and 15 WHEREAS, Veterans of Foreign Wars, Inc. Boynton Lantana Post 5335, has requested to 16 rezone the parcel of land located at 500 Northeast 21st Avenue, Boynton Beach, FL (the 17 "Property"), more particularly described in Exhibit "A," from Multi-Family Residential (R3) to 18 Neighborhood Commercial (C2); and, 19 WHEREAS, the City Commission, sitting as the Local Planning Agency at a properly 20 advertised hearing received testimony and evidence related to the application and found that the 21 rezoning is consistent with the City's Comprehensive Plan and provisions of Chapter 163, Part II, 22 Florida Statutes; and, 23 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 24 requirements of Section 166.041, Florida Statutes, and the City's Land Development Regulations; 25 and 7.29.24(SRW) Page 1 of 6 CODING: Words in stfike-thfeugh type are deletions from existing law; Words in underlined type are additions. 26 WHEREAS, after careful review of the application, staff has determined that the proposed 27 rezoning is consistent with an amendment to the Future Land Use Map, which was 28 contemporaneously considered and approved by the City Commisison, complies with the City's 29 Comprehensive Plan, and is consistent with Chapter 163, Florida Statutes; and 30 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 31 which contains data and analysis supporting the rezoning; and 32 WHEREAS, the City Commission finds that the proposed rezoning is consistent with the 33 surrounding and existing land uses, the City's Comprehensive Plan and Land Development 34 Regulations, and the City Commission deems it to be in the best interest of the public to amend 35 the City's Zoning Map as further set forth herein. 36 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 37 BOYNTON BEACH, FLORIDA: 38 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and 39 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 40 Section 2: Decision. The Property depicted in Exhibit B is hereby rezoned from 41 Multi-Family Residential (R3) to Neighborhood Commercial (C2), and the City's Official Zoning 42 Map shall be amended accordingly. 7.29.24(SRW) Page 2 of 6 CODING: Words in f4Filie4hfeugh type are deletions from existing law; Words in underlined type are additions. 43 Section 3: Amendment to Zoning Map. The Director of Planning and Zoning is 44 further authorized to make the necessary changes as required to the City's Official Zoning Map to 45 reflect the above stated changes. 46 Section 4: Authorization to Transmit. The City Manager or designee is hereby 47 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 48 provisions of the Community Planning Act, if required. 49 Section 5: Severability. The provisions of this Ordinance are declared to be 50 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 51 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 52 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 53 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 54 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 55 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 56 Section 7: Effective Date. This Ordinance shall take effect immediately upon 57 adoption. 58 59 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 7.29.24(SRW) Page 3 of 6 CODING: Words in stt-ike-thr-eugh type are deletions from existing law; Words in underlined type are additions. 60 FIRST READING this j"day of__ __,A5-1-2024. 61 SECOND, FINAL READING AND PASSAGE this 81,41day of 1 U✓✓11S* , 2024. 62 CITY OF BOYNTON BEACH, FLORIDA 63 YES NO 64 65 Mayor—Ty Penserga 66 67 Vice Mayor— Aimee Kelley !/ 68 69 Commissioner—Woodrow L. Hay 70 71 Commissioner—Angela Cruz 72 73 Commissioner—Thomas Turkin 74 75 VOTE -0 76 ATTE 77 I I 78 79 Maylee t eJ s, MM IV, Ty Pens ga 80 City Clerk Mayor 81 ,,,..,` 82 �p`INTON `� APPROVED AS TO FORM: 83 (Corporate Seal) f c§..DRAT •.-701h 84 � • S�+ AL / , 85 i v: pORPSED;y ( �-'�1� 86 ' '1" 194- 1 Shawna G. Lamb %87 •'c\p• City Attorney lORi, 7.29.24(SRW) Page 4 of 6 CODING: Words in:•.wk ;type are deletions from existing law: Words in underlined type are additions. Exhibit A Legal Description Address: 500 Northeast 21st Avenue, Boynton Beach, FL PCN: 08-43-45-15-03-000-0303 Legal Description: The East 184' of the West 483' of Lot 30, Sam Brown Jrs. Hypoluxo Subdivision, Boynton Beach, Palm Beach County, Florida, according to the Plat thereof, as recorded in Plat Book 1, Page 81, of the Public Records of Palm Beach County, Florida. 7.29.24(SRW) Page 5 of 6 CODING: Words in strikes-tgigh type are deletions from existing law; Words in underlined type are additions. Exhibit B Amended Zoning Map Ex. B: Proposed Zoning BOYN VFW Boynton-lantana-500 NE 21st Ave 6 E n E Gateway Blvd1111111111111�a NE 21st Ave i p jjil / I E 'idge it N 4Zoning Tit R3 Multi Family. 11 du/ac PUD Planned Unit Development .' 3, 60 90 120 1 c Feet 9111111 C2 Neighborhood Commercial ti alIVIMINI7.29.24(SRW) Page 6 of 6 CODING: Words in type are deletions from existing law; Words in underlined type are additions.