05-033
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1 ORDINANCE NO. 05- 033
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, REGARDING THE APPLICATION OF
5 WATERBROOK DEVELOPERS, LLC, TO REZONE A PARCEL
6 OF LAND, AMENDING ORDINANCE 02-013 TO REZONE A
7 PARCEL OF LAND LOCATED ON THE EAST SIDE OF
8 FEDERAL HIGHWAY APPROXIMATELY 1,600 FEET NORTH
9 OF GATEWAY BOULEVARD, BOYNTON BEACH, FLORIDA, AS
10 MORE FULLY DESCRIBED HEREIN, FROM COMMUNITY
11 COMMERCIAL (C-3) AND MUL TI FAMILY DWELLING
12 DISTRICT (R-3) TO INFILL PLANNED UNIT DEVELOPMENT
13 (IPUD); PROVIDING FOR CONFLICTS, SEVERABILITY, AND
14 AN EFFECTIVE DATE.
15
16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
17 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
18 WHEREAS, Jennie A. Smith, owner of the property located on the east side of Federal
19 Highway approximately 1,600 feet north of Gateway Boulevard in Boynton Beach, Florida, as
20 more particularly described herein, has filed a Petition, through its agent, pursuant to Section 9
21 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the
22 purpose of rezoning a parcel of land, said land being more particularly described hereinafter,
23 from Community Commercial (C-3) and Multi-Family Dwelling (R-3) to Infill Planned Unit
24 Development (IPUD); and
25 WHEREAS, the City Commission conducted a public hearing and heard testimony
26 and received evidence which the Commission finds supports a rezoning for the property
27 hereinafter described; and
28 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
29 an amendment to the Land Use which was contemporaneously considered and approved at the
30 public hearing heretofore referenced; and
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1 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
2 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
5 Section 1. The foregoing Whereas clauses are true and correct and incorporated
6 herein by this reference.
7 Section 2. The following described land, located on the east side of Federal
8 Highway approximately 1,600 feet north of Gateway Boulevard in the City of Boynton Beach,
9 Florida, as set forth as follows:
10 See legal description attached hereto.
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14 be and the same is hereby rezoned from Community Commercial (C-3) and Multi-Family
15 Dwelling (R-3) to Infill Planned Unit Development (IPUD). A location map is attached hereto
16 as Exhibit "A" and made a part of this Ordinance by reference.
17 Section 4. That the aforesaid Revised Zoning Map of the City shall be amended
18 accordingly.
19 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby
20 repealed.
21 Section 6. Should any section or provision of this Ordinance or any portion thereof be
22 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
23 remainder of this Ordinance.
24 Section 7. This ordinance shall become effective immediately upon passage.
25 FIRST READING this _ day of ,2005.
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1 SECOND, FINAL READING and PASSAGE this ~ day of~, 2005.
2 CITY OF BOYNTON BEACH, FLORIDA
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17 ATTEST:
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S:\CA\Ordinances\Planning\Rezoning\Rezoning - Peninsula. doc