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04-036ORDINANCE NO. 04- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O AN ORDI]NANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF SOUTHERN HOMES OF PALM BEACH IV, LLC, AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM CG- GENERAL COMMERCIAL (UNINCORPORATED PALM BEACH COUNTY) AND RESIDENTIAL MULTI- FAMILY TO INFILL PLANNED UNIT DEVELOPMENT (IPUD); 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, Southern Homes of Palm Beach IV, IJ.C, owner of the property more particularly described hereinafter, has heretofore filed a Petition, through its agent, Carols J. Ballbe/Keith & Ballbe, Incorporated, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a tract of land consisting of approximately 2.46 acres, said land being more particularly described hereinafter, from CG (General Commercial (unincorporated Palm Beach County) and Residential Multi-family to Infill Planned Unit Development (IPUD); and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for S:\CA\OrdinancesLPlanning\RezoninghRezoning - Bayfront.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 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 following described land, located in the City of Boynton Beach, Florida as set forth as follows: Lots 56 & 57, "Amended Plat of Tradewind Estates" according to the Plat thereof as recorded in Plat Book 21, Page 73 of the Public Records of Palm Beach County, Florida, Less a portion of Lot 57 for Right-of Way of State Road No. 5 as shown on State of Florida State Road Department right-of-way map section No. 9301-205. Containing approximately 2.46 acres of land. ~e and the same is hereby rezoned from CG General Commercial (unincorporated Palm 3each County) and Residential Multi-family to Infill Planned Unit Development (IPUD). ~ location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 'eference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended iccordingly. S:\CA\OrdinancesXPlanning\RezoningLRezoning - Bayfront.doc 1 Section 4: All ordinances or parts of ordinances in conflict herewith are 2 hereby repealed. 3 Section 6: Should any section or provision of this Ordinance or any portion 4 Ihereof be declared by a court of competent jurisdiction to be invalid, such decision shall 5 aot affect the remainder of this Ordinance. 6 Section 7. This ordinance shall become effective immediately upon passage. 7 FIRST READING this [ ~ day of toO, IA_ ,2004. 8 SECOND, FINAL READING and PASSAGE this I day of ~ ,2004. CITY OF BOYNTON BEACH, FLORIDA v,ce ATTEST: . Commi:~ ~ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 Clerk 29 3O S:\CA\OrdinanceshUlanning\RezoningLRezoning - Bayfront.doc BAYFRONT: LOCATION MAP EXHIBIT A GC LRC NIC LEGEND '"" City Boundary Future Land Uses: LRC - Local Retail Commercial GC - General Commercial R - Recreational N $