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O00-23ORDINANCE NO. O 00-~,.~~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF GROVE PARTNERS LIMITED FOR THE PRO]ECG KNOVVN AS VILLA DEL SOL, LOCATED AT THE INTERSECTION OF FEDERAL HIGHVVAY (US 1) AND OLD DIXIE HIGHVVAY); AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM C-3 COMMUNITY COMMERCIAL TO R-3 HIGH DENSITY RESIDENTIAL; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Grove Partners Limited, as owner of the property more particularly described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land, said land being more particularly described hereinafter, from C-3 Community Commercial to R-3 High Density Residential; 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 ]~T ORDAINED BY THE CI'TY COMMt'SSt'ON OF THE CI'TY OF BOYNTON BEACH, FLOR/DA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida as set forth as follows: See Attached Exhibit "A" II and the same is hereby rezoned C-3 (Community Commercial) to R-3 High Density Residential. A location map is attached hereto as Exhibit "B" and made a part of this Ordinance by reference. Attached as Exhibit "C" is a copy of the conditions/requirements for this rezoning, which are incorPorated herein. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any thereof be declared by a court of competent jurisdiction to be invalid, such shall not affect the remainder of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. FIRST READING this ~ day of June, 2000. SECOND, FINAL READING and PASSAGE this ,~¢~ day of June, ,~¢~. o-~ NTO,v '~ A-I-I-EST: (Corporate Seal) s:ca\Ord\Rezoning Villa Del Sol Vice Mayor '~ Mayor Pro Tem PAaCEL~ ' Zha~ Par~ o~ the ~or~h 400 ~ee~ of the Sou . ~f t~e Southea$~ gua~ter Last -X h%-c - _ . _ Y g t.O£ the _ . r_?o~pany ara west of tht~West riaht of way '.' 9z the Dixie Nlvhwav. bo¢~-* ,, ~id .......... ~, nzgnway No, I wAS out and constructed, o~-~a¥ f~ V.$. ~tghwa~ No. I COnVEyed tO ~he 'Sta~e of Plorida by O.R.B. Iii page~337 Palm ~each County Public Records: and Township 4S South, Range 43 Eas~, P&l.'n '.Beach County, ~Ign}.pr-~a¥ aRB Old DIXIe Righ~ay and Westerly ?~__01~ .Dixie ~ighway right-o~,Way belna a iegl~ning at the Intersection io£ the Souvh 1Lne of ~ ~oun.y, FlOI1it vi%h the}~a~t rtghtoof-w~y li~e of the Florida ~as~ Co~$t'Rall~m¥; ~hence run Easter- ly, along the South line of Seo~lon 3~. a distance Of 409.08 ~e~: thence NortherlY, at right, angles, la parallel to ~. said ~ou~h liAe of Section 33, to-a . point in a lane 1S leeC Norcherir of and p~rallel Co the centerline of old Dixie Highway; thence orl~. alnn~ ,~id parallel lt~e, a discan:e ot.313 feet, amre or less, ~o a poifit in a line 275 feet North o~ ~d P&ralle% ~o ~hc ~4~d S~UCh line ~ Lion 33;. thence Westerly, along vith lane. to its erly, along said right-of-way lido to the Point Beginning a~o~eme~tioned. pAl. irt OEACH ~,.gU~,-W. EXHIBIT ,~ LOCATION MAP Woolbright Road Golf Road/SE 23rd Ave. ;! ...'/ Ii ;/ t : ; ; ' SI'TE. VILLA DEL SOL LAND USE AMENDMENT APPLICATION EXHIBIT "C' Conditions of Approval Project name: VILLA DEL SOL File number: CPTA # 99-002 Reference:.Future Land Use Text Amendment application prepared by Miller Land Planning Consultants, Inc. dated October 1, 1999 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE CommentS: None ENGINEERING DMSION Comments: None BUILDING DMSION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: X 1. The site design requirements should include variable north and south setbacks based on project height: a) North side adjacent to residential district only 1) 1 story- 40 feet 2) 2 stories - 45 feet DEPARTMENTS INCLUDE REJECT 3) 3 stories - 60 feet 4) 4 stories- 100 feet b) South side adjacent to residential district only 1) 1 story -- 40 feet 2) 2 stories - 40 feet 3) 3 stories - 75 feet 4) 4 stories - 100 feet X 2. The perimeter landscaping on the north and south sides shall include at minimum, a hedge, 1 canopy tree spaced no greater than20 feet, and additional landscaping of varying height placed between trees. The landscaping to be placed along the rights-of-way shall include serpentine berm varying in height. A combination of palm and deciduous/canopy trees densely spaced with a diversity of plant materials from ground covers at varying height placed within the buffer. X 3. Signage shall be compatible (in scale) with adjacent residential properties and be designed in conjunction with materials to be repeated along the perimeter such as posts, fence elements, small monument features, etc. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 4. None ADDITIONAL CITY COMMISSION CONDITIONS 5. To be determined. MWR/dim J:~,$HROATA~LANNING~SHARED~WP~ROJECTS~VlLLA DEL SOL CPTA & LUAR~,CONO. OF APPROVAL P&D 12-14-99.DOC