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02-062 ORDINANCE NO. 02- O(o~x AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE REZONING OF VACANT LAND CONSISTING OF +32.159 ACRES ON THE EAST SIDE OF SOUTH CONGRESS AVENUE; AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING THAT TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM M-1 (INDUSTRIAL) TO PLANNED UNIT DEVELOPMENT (PUD); PROVDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WI-IEREAS, the City Commission of the City of Boynton Beach, Florida has adopted No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Congress Industrial Park, LLC, as owner of the property more >articularly described hereinafter, has heretofore filed a Petition, through their agent, (ilday & Associates, Inc.,/Kieran Kilday, 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 +/-32.159 acres, said land being more particularly described hereinafter, from M-1 (Industrial) to PUD (Planned Unit Development), subject to all staff comments; and WHEREAS, the City Commission conducted a public heating on July 2, 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 S:~CA\Ordinances~Planning~Rezoning\Rezoning - South Congress Residential.doc the City Commission meeting/Public Hearing conducted July 2, 2002. 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: SEE ATTACHED EXHIBIT "A" ,e and the same is hereby rezoned from M- 1 (Industrial) to PUD (Planned Unit Development). location map is attached hereto as Exhibit "B" and made a part of this Ordinance by Section 3: That the 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. Section 6: Should. any section or provision of this Ordinance or any portion thereof >e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the of this Ordinance. S:\CA\Ordinances\Planning\Rezoning\Rezonin9 _ South Congress Residential.doc LEGAL DESCRIPTION A parcel of land in'u portion of the Southwest one-quarter (SW1/4) of Section 5. Township 46 South, Range 4 particularly described as follows 3. East, Palm Beach County, Florida, being more · · COmmencing at the Southwest corner of said Section 5, thence run North (the West line of Section § is ossu North-South and all other bear' said Section 5 . .~:_,_ _ fngs are relativ,~ __ . meal to bear degrees 48 m;~,,~.~':~a~nce of 110.00 feet *-- Z ther=.uf) mong the West I'~ · ' ..... ° '~ Secon ..~, u point; thenc f.,~ ur the East right-of-wa -.. _,cica Eost,/a distance of ~ n,~ ~ r. un South 89 Y hnT u, ~ongreas Avenue on~-,~,~.u~u_ .r.eet to_a point in the herein described Parcel; th ~.e r'omt of I~eginning of a distance of 1460'~, - - ence, continue on th .... · -~, r. eet to a point in the West; prHece°mg described COUrse, Seaboard Coast Une Rodrood; thence run North 1a ~ ght-_of-way line ,c~Ll:l~e ~, uegrees 21 minutes 59. seconds East, along said Weste.riy right-of-way line, o distonc thence North 89 degrees 58 minutes 02 seconds West, o dlste of 607.01 feet; feet; thence, North 0 degrees 0 ' ' a ~ or 4.5 nn ~;-2, ............ rice of 232 . , u o~stonce 5.,.,, ,~, more r ........... ; ...... ._.0~)_ feet; thence o_ lees, {u the ;;;.~.~__~___.~.__~_. 3ence West, Congress Avenue; thence South Otong soid right-of-woy line, o --- ~,u,u r-.osterly nght_of'-~------_--w--~y line of 1463.76 feet to the Point of Beginning..Soid porcel subject to distonce of LESS AND EXCEPT : the following . A right-of-way over the Westerly 80 feet of the Easterly 190 feet (os measured at right angles to) thereof for the Lake Worth Drainage District Canal No. 1/2, as recorded in Official Records Book 1803, Page 254, of the Public Records of Palm Beach County, Florida. Location Map LONE PINE RD SIT~~ 90O NW 18TH ST 1800 $ 2700 3~DO Feet Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this ,.q day of ~c.~.m D~-J" ,2002. SECOND, FINAL READING and PASSAGE this ,~ ! ATTEST: · day of ~dln~,xt , 2003. ! S:\CA\Ordinances\Planning\Rezoning\Rezoning - South Congress Residential.doc