Loading...
26-007 ORDINANCE NO. 26-007 1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 2 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 02-013 TO 3 REZONE AN APPROXIMATELY 0.94-ACRE PARCEL OF REAL PROPERTY 4 LOCATED AT 201 NORTHWEST 9TH COURT, FROM SINGLE AND TWO- 5 FAMILY RESIDENTIAL (R2) TO PUBLIC USAGE DISTRICT (PU); 6 DECLARING THE PROPOSED AMENDMENT TO BE CONSISTENT WITH 7 THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR 8 SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE 9 DATE. 10 11 WHEREAS,the City Commission of the City of Boynton Beach, Florida, adopted Ordinance 12 No. 02-013, establishing an official zoning map of the City; and 13 WHEREAS, the existing area is generally located at 201 Northwest 9th Court (the 14 "Property"), more particularly described in Exhibit "A"; and 15 WHEREAS, The City of Boynton Beach has requested to rezone the property from Single 16 and Two-Family Residential (R2) to Public Usage Residential (PU); and 17 WHEREAS, the City Commission, sitting as the Local Planning Agency at a properly 18 advertised hearing received testimony and evidence related to the application and found that the 19 rezoning is consistent with the City's Comprehensive Plan and provisions of Chapter 163, Part II, 20 Florida Statutes; and 21 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 22 requirements of Section 166.041, Florida Statutes, and the City's Land Development Regulations; 23 and 24 WHEREAS, after careful review of the application, staff has determined that the proposed 25 rezoning is consistent with an amendment to the Future Land Use Map, which was 26 contemporaneously considered and approved by the City Commisison, complies with the City's 27 Comprehensive Plan, and is consistent with Chapter 163, Florida Statutes; and ORDINANCE NO. 26-007 28 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 29 which contains data and analysis supporting the rezoning; and 30 WHEREAS, the City Commission finds that the proposed rezoning is consistent with the 31 surrounding and existing land uses, the City's Comprehensive Plan and Land Development 32 Regulations, and the City Commission deems it to be in the best interest of the public to amend 33 the City's Zoning Map as further set forth herein. 34 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 35 BOYNTON BEACH, FLORIDA: 36 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and 37 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 38 Section 2: Decision. The Property described in Exhibit"A" is hereby rezoned from 39 Single and Two-Family Residential (R2) to Public Usage Residential (PU), and the City's Official 40 Zoning Map shall be amended accordingly. 41 Section 3: Amendment to Zoning Map. The Director of Planning and Zoning is 42 further authorized to make the necessary changes, as depicted in Exhibit "B," as required to the 43 City's Official Zoning Map to reflect the above-stated changes. 44 Section 4: Authorization to Transmit. The City Manager or designee is hereby 45 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 46 provisions of the Community Planning Act, if required. 2.18.26(1G) Page 2 of 9 CODING: Words ine-tJ ough type are deletions from existing law: Words in underlined type are additions. ORDINANCE NO. 26-007 47 Section 5: Severability. The provisions of this Ordinance are declared to be 48 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 49 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 50 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 51 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 52 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 53 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 54 Section 7: Effective Date. This Ordinance shall take effect immediately upon 55 adoption. 56 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 57 2.1826(1G) Page 3 of 9 CODING: Words in stfilie4hfough type are deletions from existing law: Words in underlined type are additions. ORDINANCE NO. 26-007 58 FIRST READING this 3 day of cnC. C_v , 2026. 59 SECOND, FINAL READING AND PASSAGE this a 3 day of cZ O. , 2026. 60 CITY OF BOYNTON BEACH, FLORIDA 61 YES NO 62 63 Mayor- Rebecca Shelton 64 65 Commissioner- Mack McCray ✓ 66 67 Commissioner-Aimee Kelley �C 68 69 Commissioner-Angela Cruz 70 71 Commissioner-Thomas Turkin 72 73 VOTE 5 74 ATTEST: 75 76 ? . 77 Tammy Stan one, CMC v Rebefaelton 78 Deputy City Clerk Mayor 79 BE41" 80 ;A� APSE••...3' i APPROVED AS TO FORM: 81 (Corporate Seal) f oy o�Q° �' 'moo•: ��i 8283 0 QQ0 9 : ' GGG(/ 84 ���'J'.•• ��; Shawna G. Lamb City Attorney 2.18 26(1G) Page 4 of 9 CODING: Words in c'_r c!!=ugh type are deletions from existing law: Words in underlined type are additions. ORDINANCE NO. 26-007 Exhibit A Legal Description 2.18.26(IG) Page 5 of 9 CODING: Words in strike-tlgh type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 26-007 SKETCH AND DESCRIPTION A PORTION OF PARCEL'B' SARA SIMS PARK(P.B.131,P.G.115-116,P.B.C.R.) LAND DESCRIPTION: CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA A portion of Parcel 'B', Sara Slms Park, according to the Plat thereof as recorded In Plat Book 131, Page 115, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Begin at the Northwest corner of said Parcel 'B', thence S. 89'59'30"E, along the North line of said Parcel 'B', 62.49 feet; thence S. 01'33'03"E., 118.14 feet; thence S. 88'26'57"W., 62.46 feet; thence N. 01'33'03"W., along the West line of said Parcel 'B', 119.84 feet to the Point of Beginning. Together with; A portion of said Parcel 'B', Commence at the Northwest corner of said Parcel 8; thence S. 89'59'30" E., along the North Line of said Parcel 'B', 127.49 feet to Point of Beginning Number 2; thence continue S. 89' 59'30"E., 291.26 feet to a point of curvature of a curve, concave to the West, having a radius of 20.00 feet and a central ongle of 122'19'04"; thence East & Southwest a distance of 42.70 feet to a point of compound curvature, of a curve, concave to the Northwest, having a radius of 565.69 feet and a central angle of 1315'30"; thence Southwesterly along the North line of Yale Boulevard "E", A 50 foot right of way, per the Plat, Boynton Hills, as recorded in Plat Book 4, Page 51, of the Public Records of Palm Beach County, Florid°, an arc distance of 130.90 feet; thence N. 01'33'03"W., 22.00 feet; thence S. 8826'57"W., 149.92 feet; thence S. 01'33'03'E., 15.00 feet; thence S. 88'26'57" W., 72.46 feet: thence N. 01'33'03" W., along a boundary line of said Parcel 'B', 131.37 feet to the Point of Beginning Number 2. Said Land lying and being in the City of Boynton Beach, Palm Beach County, Florida containing 40,982 Square Feet, 0.9408 acres more or less. SURVEYOR'S REPORT: 1. Reproductions of this Sketch are not valid without the signature and the original seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been mode by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon are relative to the plat, SARA SIMS PARK, based on the north line of Parcel "B" having a bearing of S89'59'30"E. 5. Data shown hereon was compiled from Instrument(s) of record and does not constitute a boundary survey. 6. Abbreviation Legend: 0 - Central Angle; L a Arc Length; L.B. = Licensed Business; P.B. = Plat Book; P.B.C.R. = Palm Beach County Records; PG. = Page; P.LS. = Professional Land Surveyor, P.O.B. = Point of Beginning; P.O.C. = Point of Commencement; R = Radius. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property Is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth in Chapter 5J-17, Florid Administraativee Code, pursuant to Chapter 472, Florida Statutes. Date: 2/%/2�2cI ��J,•/1 JOHN T. DOOGAN, P.L.S. Florida Registration No. 4409 AVIROM & ASSOCIATES, INC. L.B. No. 3300 REVISIONS I AVIROM&ASSOCIATES,INC. I Joet 10724-5 o'p IAss SURVEYING B MAPPING SCALE: 1'=80' 50 S.W.2nd AVENUE,SUITE 102 DATE: 0252028 1], I BOCA RATON,FLORIDA 33432 I BY: SIC �� (561)392-2594/www.AVIROMSURVEY.00m I CHECKED: J.T.D. .03 Ad ©MM AVAOM I ASSOCIATE&WC.id$1".ww,w0 IFE. — PG. – MI:Ptro li d AVYtlM A ASSOCUlES,4AC. -- --------- ---- w.rpw"ae+wr,oaraa>coAle.Ine,A.,ww„ mA,un I SHEET: 1 OF 2 2.1826(IG) Page 6 of 9 CODING: Words in 46type are deletions from existing law: Words in underlined type are additions. ORDINANCE NO. 26-007 SKETCH AND DESCRIPTION A PORTION OF PARCEL'B' SARA SIMS PARK(P.B.131,P.G.115-116,P.B.C.R.) CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA -P.O.B. BLOCK 1 P.O.C. (TOGETHER WITH PARCEL) THE FRANK WEBBER ADDITION NORINIEST CORNER (P.B. 9/3, P.B.C.R.) _ _ __ __ __ __ __ __ _ (PB. 131/115-116, P.a.C..R.) MARTIN LUTHER KING JR.BOULEVARD _ _________ N.W. 10TH STREET / WELLS AVENUE �P)____ -. 589.59'30"E 50' RIGHT-OF-WAY (P.B. 4/51, P.B.C.R.) —�& 62.49' _ _ S'O'B'#2 S89'59'30"E 291.26' — l 127.49' * \-NORTH LINE.OF PAROL B'. . . - co R=20.00 Lu co I- ria q r•, (BEARING•BASIS) tP122'19'04' u m oo wg r . . . . . . . . . . . . . . . . PARCEL s. L=42.70'PORTION OF I J 3 •. o W Q . lei 5 b 1 A BOUNDARY LINE . .33;549 SQUARE FEET. + 10 Mo . .o•%(•r) 24• -T. g .o OF PARCEL 'B NORM LINE . . . . ��hjp. • Ica r+1 a Q. th. . YALE.BOULEVARLI•.E" �')'h cp 1 W a . 17 (P.B•. 4/51,' P:9..C,R. S OC N„ — p �S88'26'57"W 149.92 ,� �' • \i v S86'26'57"W L.—. I I 62 46' , " S01'33'03'E 1S88'26 57 W 72.46' 15.00' N01'33'03"W ,/ 22.00' ,' chi' WEST LINE ,/ I cc PARCEL B' iE j PORTION OF / \)\-' I ate' PARCEL'B' �.. �Py j c0, l, (P.B. 131/115-116, P.B.C.R.) ,' OC' I of: I /,. ��� §1I •��= ., LSO 1 �� I _.�, LOTS 130-138, BLOCK D ! BOYNTON HILLS I _^ / _.1_____-----------.— (PB. 4/51, P.B.C.R.) I 1 NOT INCLUDED I __ •\ 0 BO 120 I C •��. .—www-_—___ ________, i` `_ ��GE8O(gFI, _ _ GRAPHIC SCALE IN FEET I ,� -_02.a BC�RD • ,"�� I REVISIONS I AVIROM&ASSOCIATES,INC. I JOBt 107244 I �/,6&asoo SURVEYING&MAPPING I�E: 1"`e0' —__ - - --_-- - iI `C 50 S.W.2nd N,AVENUE,SUITE BYTE' 28 [ J M SOCA BATON,FLORIDA 33432 BY: S.K.S•K (561)392-2694/www.AVIROMSURVEY.com CHECKED: J.T.O. - '�HRlD ®m„AVIROM 6 ASSOCIATES,INC.Mra Mr,.n. I F.B. P3. TIi,.6.rtfr U AVS6OM S Aa�•IATES.A1C I +nda�w+^^i^^pO .eaw�+.dw«"++.wr.c.. I SHEET: 2 OF 2 2.18.26 1161 Page 7 of 9 CODING: Words in:.,ri1, h type are deletions from existing law: Words in underlined type are additions. ORDINANCE NO. 26-007 Exhibit B Amended Zoning Map Existing Zoning (R2) BOYNTON 2• l l •• , • !i' • r _e! •1 y1e • ; .•; •1 • 8 E A C M .w 1 1 2 iiiii3'... P"-db Aim '111; 1R #' t" -.�... ,:_mei-: �.:9sa,,.+Ati:-.-._ i i iN i 1 moi..__ • 1 i ., ro1 Legend " il 1Classificatiz: t a:ay r „, Ot 110- , r " 2.18.26(IG) Page 8 of 9 CODING: Words in stFilEe-thrreugh type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 26-007 Proposed Zoning ( ' L ) t BOYNTON 201 NW 9TH CT(PCN:08-43-45-21-40-002-001 )-;PORTION OF PARCEL'B' BEACH El'rig. rr , t 1 Ano 1 I 'iki4"irr , Mit Ili - , 1 S U P 74/4 Legend p 9L Lu€elvin •1 " X Zoning .i, Classification U Naghburhood , r HI Pubic Usage 77' 0 S� ' } f Single Fon*,6 A du)x '',4' k2 Oulb,10 du at + - / It1 NEI Pani/;11 di N 1 .-.- ' (r`� •, :: t f 1/Minb it ✓✓.-"--v--.... t :1 2.18.26(IG) Page 9 of 9 CODING: Words in stere-trough type are deletions from existing law; Words in underlined type are additions.