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05-0201 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ].8 19 20 21 22 23 24 25 26 27 28 29 30 31 ORDINANCE NO. 05- 0 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF JAMES A. SERIFERT OF ADDISON PROPERTIES OF SOUTH FLORIDA INCORPORATED, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED AT 623 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA, FROM COMMUNITY COMMERCIAL (C-3) TO MIXED USE-LOW (MU-L); 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, Mr. Louis F. Mascia/ Boynton Motel. LLC., owner of the property located at 623 South Federal Highway in Boynton Beach, Florida, as more particularly described hereinafter, has heretofore filed a Petition, through its agent, James A. Seifert of Addison Properties of South Florida, 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 parcel of land, said land being more particularly described hereinafter, from Community Commercial (C-3) to Mixed Use-Low (MU-L); and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning S :\CA\Ordinances'XPlanning'~Rezoning\Rezoning - Boynton Lofts Property.doc 2 3 4 5 9 10 11 12 1¸3 14 15 16 17 18 19 20 21 22 23 24 25 26 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 heating 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 incorporated herein by this reference. Section 2. The following described land, located at 623 South Federal Highway in the City of Boynton Beach, Florida, as set forth as follows: and Lots 5, 6, 7 and 8, less that portion of Lots 7 and 8, conveyed to the State of Florida for road right of way, Block C, PENCE SUBDIVISION NO. 2, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 33. be and the same is hereby rezoned from Community Commercial (C-3) to Mixed Use- Low (MU-L). A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Section 4. That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby SSCA\Ordinances\Planning\Rezoning\Rezoning - Boynton Lofts Property.doc 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 repealed. Section 6. 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 7. This ordinance shall become effective immediately upon passage. READING this I ~1 day of ~ ,2005. FIRST SECOND, FINAL READING and PASSAGE this ~ day of k/,~ , 2005. CITY 0F BOYNTON BEACH, FL((~JR1DA ATTEST: Clerk S:\CA'xOrdinances\PlanningLRezoning,Rezoning - Boynton Lofts Property.doc