02-055ORDINANCE NO. 02-
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF THE
HARBORS/CENTREX HOMES;
AMENDING ORDINANCE 02-013 OF SAID
CITY BY REZONING A CERTAIN TRACT
OF LAND MORE PARTICULARLY
DESCRIBED HEREIN, FROM C-3
(COMMUNITY COMERCIAL) TO INFILL
PLANNED UNIT DEVELOPMENT (IPUD);
PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said
City; and
WHEREAS, Schgai, Inc., as owner of the property more particularly
described hereinafter, has heretofore filed a Petition, through their agent, Jennifer
Morton of Land Design Inc., 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 consisting of 3.21 acres, said land being more particularly
described hereinafter, from C-3 (Community Commercial) to IPUD (infill Planned
Unit Development), subject to all staff comments except for conditions #54 and #62;
and
WHEREAS, the City Commission conducted a public heating on October 15,
2002, and heard testimony and received evidence which the Commission finds
supports a rezoning for the property hereinafter described; and
WHEREAS, during the public heating the applicant for the Rezoning made
material representations which were considered and were relied on by the City
Commission in reaching its conclusions regarding the appropriateness of the proposed
rezoning. The material representations made by applicant are set forth in the minutes
of the City Commission meeting/Public Hearing conducted October 15, 2002.
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WHEREAS, the City Commission finds that the proposed rezoning is
consistent with an amendment to the Land Use which was contemporaneously
considered and approved at the public hearing heretofore referenced; 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 IT ORDAINED BY THE CITY
COMMISSION OF 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, located in the City of Boynton
Beach, Florida as set forth as follows:
Lot 6, and the West 326.01 feet of thc South 67.29 feet of Lot 5, and the
South 1.50 feet of the North 70 feet of the West 245.39 feet of Lot 5, of
SAM BROWN JR.S' HYPOLUXO SUBDIVISION as recorded in Plat
Book 1, Page 81, of thc Public Records of Palm Beach County, Florida.
Less and Excepting therefrom:
a. The West 94 feet thereof.
b. Those portions as conveyed to the State of Florida for right of
way purposes in that Special Warranty Deed recorded in
Official Records Book 654, Page 167 and Official Records
Book 701, Page 654.
Said land lying and being in thc City of Boynton Beach, Palm Beach
County, Florida, containing 139,778 square feet, 3.2089 acres, more or
less/
(PCN 08-43 -45-15 -03-000-0051 )
be and thc same is hereby rezoned from C-3 (Community Commercial) to IPUD (Infill
Planned Unit Development). A location map is attached hereto as Exhibit "A" and made a
part of this Ordinance by reference.
Section 3: That thc aforesaid Revised Zoning Map of the City shall be
amended accordingly.
Section 4: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
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Section 6: 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 7. This ordinance shall become effective immediately upon passage.
~FIRST READING this (o day of Iqeat~rn~_t- , 2002.
SECOND, FINAL READING and PASSAGE this __
day of ., 2002.
CITY O ~B, OY~/¢~fBEA.~~, FLORIDA
Co~~~ ~
ATTEST:
City Clerk
(Corporate Seal)
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Location Map
EXHIBIT "A"
D ST /
· PUD ~'"
,/SITE
R3
BE_C_~
LAKE WORTH
ICWW
300 0 300 600 Feet
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