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03-009ORDINANCE NO. 03- OOq AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF COASTAL BAY COLONY/SOUTHERN HOMES OF PALM BEACH, LLC; AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING A TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM C-2 (NEIGHBORHOOD COMMERCIAL) AND C-3 (COMMUNITY COMMERCIAL) TO IPUD (INFILL PLANNED UNIT DEVELOPMENT); 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, Southern Homes of Palm Beach, LLC, owners of the property more particularly described hereinafter, has heretofore filed a Petition, through their agent, Keith & Ballbe, Inc.,/Carlos Ballbe, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a tract of land consisting of + 4.34 acres, said land being more particularly described hereinafter, from C-2 (Neighborhood Commercial) and C-3 (Community Commercial) to PUD (Infill Planned Unit Development); and WHEREAS, the City Commission conducted a public hearing 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 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: S: \CA\Ordinances\Planning\Rezoning\Rezoning -Coastal Bay Colony. doc Section 1. 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 C-2 (Neighborhood Commercial) and The foregoing Whereas clauses are true and correct and incorporated C-3 Commercial) to [PUD (Infill Planned Unit Development). A location map is hereto as Exhibit "B" and made a part of this Ordinance by reference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section hereby repealed. All ordinances or parts of ordinances in conflict herewith are Commissioner Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this ~ day of ~[~rtJa. r¥ ,2003. / SECOND, FINAL READING and PASSAGE this' __ day of ,2003. Section 6: Should any section or provision of this Ordinance or any portion thereof declared by a court of competent jurisdiction to be invalid, such decision shall not affect the of this Ordinance. LEGAL DESCRIPTION: PARCEL 1: LOTS 14.. AND 15 OF "ROBINSON'S ADDITION TO BOYNTON BEACH, FLORIDA" ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 144- OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 2: BEG. I~NING' AT A POINT 207.78 FEET SOUTH OF THE NORTHWEST CORNER OF THE NORTHEAST 1/4- OF THE SOUTHEAST 1/4- OF SECTION 35, TOWNSHIP 4-5 SOUTH, RANGE 43 EAST; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4 647.07 FEET, MORE OR LESS, TO THE WESTERLY RIGHT OF WAY LINE OF THE DIXIE HIGHWAY; THENCE SOUTHERLY, ALONG SAID WESTERLY RIGHT-OF-WAY LINE TO A POINT 585.56 FEET SOUTH OF THE SAID NORTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4 TO A CONCRETE MONUMENT; THENCE WEST 628.11 FEET, MORE OR LESS, AND PARALLEL TO THE :'SAID NORTH LINE OF SAID NORTHEAST 1/4. OF THE SOUTHEAST 1/4. TO THE WEST LI'NE OF SAID NORTHEAST 1/4- OF 'THE SOUTHEAST 1/4-; THENCE NORTH 177.78 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. LESS THAT PORTION DEEDED TO THE STATE OF FLORIDA, BY INSTRUMENT DATED dANUARY 24, 1958, FILED:dANUARY 27, 1958 AND RECORDED IN O.R. BOOK 150, PAGE ,370, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FOR ROAD RIGHT OF WAY PURPOSES. PABQEL 3: , ALL TI:tAT"PART OF THE SOUTHEAST 1/4- OF SECTION' 33, TOWNSHIP 4-5 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT IN THE WEST LINE OF THE RIGHT OF WAY OF U.S. HIGHWAY NO. 1, WHICH IS 585.56 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST 1/4- OF SAID SECTION 55; AND RUNNING THENCE SOUTH ALONG THE WEST LINE OF THE RIGHT OF WAY OF SAID U.S. HIGHWAY NO. 1, A DISTANCE OF 100 FEET; THENCE WEST ON A LINE PARALI-EL WITH THE SAID NORTH MNE OF SAID SOUTHEAST 1/4- OF SAID SECTION 53, A DISTANCE OF 550.0 FEET; THE. NCE NORTH ON A LINE PARALLEL WITH THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 55 TO A POINT WHICH IS .385.56 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST 1,/4- OF SAID SECTION 35; THENCE EAST ON A LINE PARALLEL WITH THE SAID NORTH LINE OF SAID SOUTHEAST 1/4- OF SAID SECTION .35 TO THE POINT OF BEGINNING. LESS THE RIGHT OF WAY FOR U.S. NO; 1 (STATE ROAD NO. 5). LEGAL DESCRIPTION: LOTS 16, 17 AND 18, "ROBINSON ADDITION" ACCORDING TO THE PLAT. THEREOF AS RECORDED IN PLAT BOOK 23, AT PAGE 14-4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Location Map COASTAL BAY COLONY R3 ICWW ,' REC ,, /