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16-013ORDINANCE NO. 16 -013 11 1: 1: 1: l� 1! li 1' 1. 1 21 2: 2: 2: 2 1 2! 2 2' 2 2 AN ORDINANCE OF THE CITY -OF BOYNTON BEACH, FLORIDA, APPROVING THE APPLICATION OF MICHAEL BERTINO OF 601 SE 4" STREET, LLC. & 601 SOUTH FEDERAL, LLC, FOR HIDDEN BROOK CORPORATION, OWNER TO REZONE A PARCEL OF LAND LOCATED AT 601 FEDERAL HIGHWAY FROM COMMUNITY COMMERCIAL (C- 3) TO MIXED USE LOW INTENSITY 2 (MU -L2) WITH MASTER PLAN FOR 28 APARTMENTS AND 11,000 SQUARE FEET OF MEDICAL/PROFESSION OFFICE; PROVIDIING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. , WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a legislative amendment to the City's Future Land Use Plan which allows for the rezoning which is the subject of this Ordinance; and WHEREAS, Michael Bertino of 601 SE 4 Street, LLC. & 601 South Federal, LLC, has filed a petition on behalf of the owners, Hidden Brook Corporation High Ridge Housing, LLC., to rezone a parcel of land more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the rezoning and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with the Land Use described in the City's Comprehensive Plan and otherwise comparable City plans for development; and WHEREAS, the City Commission deems it in the best interests of the residents and property owners of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF {00135894.1306- 9001821} 3( 3: 3. 3; 3� 3-c 014 37 3F 3� 4( 41 4' 4: THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The following described land is rezoned from Community Commercial (C -3) to Mixed Use Low Intensity 2 (MU -L2) with Master Plan for 28 apartments and 11,000 square feet of medical /profession office: LEGAL DESCRIPTION: LOTS 1, 2,3 AND 4, BLOCK C OF PENCE SUBDIVISION NO. 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 33 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE EAST 13 FEET OF LOTS 1 AND 4 FOR RIGHT OF WAY STATE ROAD NO_. 5 (US NO. 1) AS SHOWN IN ROAD PLAT BOOK 3 ON PAGE 11. A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 4 4 1 reference. 4G 4E 4, 4f 4� 5( 51 51 5= 54 5_ Section 3. That the Zoning Map of the City is amended to reflect this rezoning. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. 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 6. This ordinance shall become effective upon final passage and expiration of the time for reconsideration. (00135894.1 306 - 9001821) 5( a 5E 5� 6( 6= 6, 6_ 64 6� 6E 6'. 6E 6� 7( 7 7: 7_ 7L 71 7( 7' 7f 7'- 8( 8: 8: 8: 8� 81 FIRST READING this 21 day of June, 2016. o� SECOND, FINAL READING AND PASSAGE this -� day of , 2016. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Mack McCray _ Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE ATTEST: — J iL� -U " Z V rth A. Pyle erim City Clerk (Corporate Seal) {00135894.1306- 9001821} EXHIBIT A 601 S. FEDERAL HIGHWAY (LU 16 ®002) 2 i . X Legend Future Land Use Categories LOCAL RETAIL COMMERCIAL (LRC) MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U. /Acre HIGH DENSITY RESIDENTIAL (HDR) Max. 11 D.U. /Acre RECREATIONAL (R) 0 MIXED USE (MX) I I L6 aJ Ilia N jk 0 25 50 100 150 200 eer - Z�_ tee= 3.a,'�� W • - : f i �/� sA Legend Future Land Use Categories LOCAL RETAIL COMMERCIAL (LRC) MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U. /Acre HIGH DENSITY RESIDENTIAL (HDR) Max. 11 D.U. /Acre RECREATIONAL (R) 0 MIXED USE (MX) I I L6 aJ Ilia N jk 0 25 50 100 150 200 eer