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05-058 II 1 ORDINANCE NO. 05-058 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OF PINEAPPLE GROVE 6 PROPERTIES, LTD., AMENDING ORDINANCE 02- 7 013 TO REZONE A PARCEL OF LAND LOCATED 8 ON THE NORTHWEST CORNER OF THE 9 INTERSECTION OF GULFSTREAM BOULEVARD 10 AND OLD DIXIE HIGHWAY (FEC RAILROAD 11 RIGHT-OF-WAY), AS MORE FULLY DESCRIBED 12 HEREIN, FROM SINGLE F AMIL Y RESIDENTIAL 13 (RS) TO PLANNED UNIT DEVELOPMENT (PUD); 14 PROVIDING FOR CONFLICTS, SEVERABILITY, 15 AND AN EFFECTIVE DATE. 16 1 7 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 18 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 19 WHEREAS, Pineapple Grove Properties, LTD., owner of the property located on the 20 Northwest comer of the intersection of Gulfstream Boulevard and Old Dixie Highway (FEe 21 railroad right-of-way) in Boynton Beach, Florida, as more particularly described herein, has 22 filed a Petition, through its agent Weiner & Aronson, P.A., pursuant to Section 9 of Appendix 23 A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of 24 rezoning a parcel of land, said land being more particularly described hereinafter, from Single 25 Family Residential (RS) to Planned Unit Development (PUD); and 2 6 WHEREAS, the City Commission conducted a public hearing and heard testimony 27 and received evidence which the Commission finds supports a rezoning for the property 2 8 hereinafter described; and 29 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 30 an amendment to the Land Use which was contemporaneously considered and approved at the S:\CA\Ordinances\Planning\Rezoning\Rezoning - Boynton Dixie.doc " 1 public hearing heretofore referenced; and 2 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 3 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 6 Section 1. The foregoing Whereas clauses are true and correct and incorporated 7 herein by this reference. 8 Section 2. The following described land, on the Northwest comer of the 9 intersection of Gulfstream Boulevard and Old Dixie Highway (FEe railroad right-of-way) in 10 the City of Boynton Beach, Florida, as set forth as follows: 11 Tract J, Replat of a portion of Gulf Stream Estates Plat No.2 according to 12 the map or plat thereof as recorded in Plat Book 16, Page 11, of the Public 13 Records of Palm Beach County, Florida. 14 15 16 be and the same is hereby rezoned from Single Family Residential (RS) to Planned Unit 1 7 Development. A location map is attached hereto as Exhibit "A" and made a part of this 18 Ordinance by reference. 19 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 20 accordingly. 21 Section 4. All ordinances or parts of ordinances III conflict herewith are hereby 2 2 repealed. 23 Section 5. Should any section or provision of this Ordinance or any portion thereof be 24 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 25 remainder of this Ordinance. S:\CA'Ordinances\Planning\Rezoning\Rezoning - Boynton Dixie.doc " 1 Section 6. This ordinance shall become effective immediately upon passage. 2 ! FIRST READING this Qo day of Sef-TeM her ,2005. I - 3 I, SECOND, FINAL READING and PASSAGE this 5 day of Oc.~ , 2005. , - 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 2 24 CITY OF BOYNTON BEACH, FLORIDA L ~ ~\ ;~ /~ ",.",_r" S:\CA\Ordinances\Planning\Rezoning\Rezoning - Boynton Dixie.doc LOCATION MAP Boynton-Dixie ANEX 05-003 & LUAR 05-007 exhibit A E-eA CI Limit M-DR ,).1. r,:' '( /"-/ ( il" I \,,' , '\. , - I ( - 370 185 o 370 Feet