06-032
, I
1 ORDINANCE NO. 06- O_'~O1..
2
3 i AN ORDINANCE OF THE CITY OF BOYNTON
41 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF WENDY TUMA OF URBAN
6 DESIGN STUDIO, AMENDING ORDINANCE 02-
7 013 TO REZONE A PARCEL OF LAND LOCATED
8 ON THE EAST SIDE OF FEDERAL HIGHWAY
9 APPROXIMATELY 1,100 FEET NORTH OF
10 GULFSTREAM BOULEVARD, AS MORE FULLY
11 DESCRIBED HEREIN, FROM PALM BEACH
12 COUNTY COMMERCIAL GENERAL (CG) TO
13 INFILL PLANNED UNIT DEVELOPMENT (IPUD);
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
18 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
1 9 and
20 WHEREAS, Tuscan Villas at Boynton Beach, LLC, owner of the property located on
2 1 the east side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard in
22 Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through
23 its agent, Urban Design Studio, pursuant to Section 9 of Appendix A-Zoning, of the Code of
24 Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said
25 land being more particularly described hereinafter, Palm Beach County Commercial General
26 (CG) to Infill Planned Unit Development (IPUD); and
27 WHEREAS, the City Commission conducted a public hearing and heard testimony
28 and received evidence which the Commission finds supports a rezoning for the property
29 hereinafter described; and
30 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
S:ICAIOrdinanceslPlanninglRezoninglRezoning - Tuscan Villas.doc
1 an amendment to the Land Use which was contemporaneously considered and approved at
2 the public hearing heretofore referenced; and
3 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
4 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
7
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
8 herein by this reference.
9
Section 2.
The following described land located on the east side of Federal
10 Highway approximately 1,100 feet north of Gulfstream Boulevard in the City of Boynton
11 Beach, Florida, as set forth as follows:
12 Lot 1 and Lot lA of KING'S SUBDIVISION, according to the Plat
13 thereof, as recorded in Plat Book 20, Page 47, Public Records of
14 Palm Beach County, Florida; less the westerly 17 feet of said lots.
15
16 Together with:
17
18 All that part of Lot C of KING'S SUBDIVISION in Section 4,
19 Township 46 South, Range 43 East, Palm Beach County, Florida,
2 0 as per Plat recorded in Plat Book 20, Page 47, Palm Beach County
2 1 records except the following part thereof: Beginning at the
22 Southwest (SW) comer of said Lot C, and running thence North
23 along the West line thereof a distance of Eighty (80) feet; thence
24 Easterly in a straight line to the Southeast (SE) comer of said Lot
25 C; thence running West along the South line of said Lot C to the
26 Point of Beginning, Further less and except the Westerly 17 feet
27 for road right of way.
28
29 Containing: 58,412 square feet or 1.341 acres more or less.
30
31 Subject to easements, restrictions, reservations and rights-of-way
32 of record.
33
34 be and the same is hereby rezoned from Palm Beach County Commercial General (CG) to
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Tuscan ViIlas.doc
II
1 Infill Planned Unit Development (IPUD). A location map is attached hereto as Exhibit "A"
2 i and made a part of this Ordinance by reference.
3 Section 3.
4 accordingly.
5 Section 4.
6 repealed,
7 Section 5.
That the aforesaid Revised Zoning Map of the City shall be amended
All ordinances or parts of ordinances in conflict herewith are hereby
Should any section or provision of this Ordinance or any portion thereof
8 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
9 remainder of this Ordinance.
10 Section 6, This ordinance shall become effective immediately upon passage.
FIRST READING this "'I-Ih day of ~~ , 2006.
SECOND, FINAL READING and PASSAGE this ~ day of
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~ ,2006.
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2 8 ATTEST:
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CITY OF BOYNTON BEACH, FLORIDA
,;?XrL ~-
~mmiSSio~er d ~~
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Commissioner
.~
zoning\Rezoning - Tuscan Villas. doc
C-3
PUD
.
LOCATION MAP
Tuscan Villas
IPUD
TURNER RD
PUD
~
r-
3:
C
;:0
County
CG
C-3
City Boundary
Gulfstream
OR
ROBERTS RD
County RM
210
420
630 840
'Feet
210 105 0
I
Exhibit "A"
N
+