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03-029 ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF W1LLIAM W1ETSMA CO. INC., (ARBOLATA); AMENDING ORDINANCE 02- 013 OF SAID CITY BY REZONING A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM M- 1 INDUSTRIAL TO PUD PLANNED UNIT DEVELOPMENT; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Drdinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, William H. Baker, Trustee, as owner of the property more particularly described hereinafter, has heretofore filed a Petition, through its agent, William Wietsma, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land consisting of approximately 16.0871 acres, said land being more particularly described hereinafter, from M-1 Industrial to PUD 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 ~vith an amendment to the Land Use which was contemporaneously considered and ~pproved 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: ~: ~CA\0rdinances\Planning\Rezoning\Rezonin9 - Arbolata.doc 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: A TRACT OF LAND LYING IN THE SOUTHWEST QUARTER (S.W. 1/4) OF THE NORTHWEST QUARTER (N.W. 1/4) OF SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 1°08'20" EAST, AN ASSUMED BEARING, ALONG THE WESTERLY BOUNDARY OF SAID SECTION BEING ALSO THE CENTERLINE OF CONGRESS AVENUE, 572.10 FEET TO A POINT; THENCE RUN DUE EAST, PARALLEL WITH THE SOUTHERLY BOUNDARY OF THE AFORESAID NORTHWEST QUARTER (N.W. 1/4), 53 FEET MORE OR LESS TO A POINT OF INTERSECTIONWITH THE EASTERLY RIGHT OF WAY LINE OF CONGRESS AVENUE, AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE DUE EAST, 1300.32 FEET TO A POINT IN THE EASTERLY BOUNDARY OF THE AFORESAID SOUTHWEST QUARTER (S.W. 1/4) OF THE NORHTWEST QUARTER (N.W. 1/4), THENCE SOUTH 1°05'30" WEST, ALONG SAID EASTERLY BOUNDARY, 572.11 FEET TO A POINT, THENCE DUE WEST, 1300.84 FEET TO A POINT; THENCE NORTH 1°05'30" EAST, 572.10 FEET TO THE POINT OF BEGINNING, LESS THE NORTH 30 FEET THEREOF AND LESS THE ROAD RIGHT OF WAY FOR CONGRESS AVENUE. CONTAINING 16.0871 ACRES MORE OR LESS. 'PCN 08-43-46-05-00-000-3030) and the same is hereby rezoned from M-1 Industrial to PUD Planned Unit Development. A >cation map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended .ccordingly. 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 :mainder of this Ordinance. Section 7. This ordinance shall become effective immediately upon passage. ~: \CA\Ordinances~Plannin~\Rezonin~\Rezonin~ - Arbolata.doc FIRST READING this ,3 day of ~Ju.~e_ ., 2003. SECOND, FINAL READING and PASSAGE this /7 day of ~J-66~.,, 2003. CITY (~OYNJON~EA~, FLORIDA // ~fi"~sioner ATTEST: City Clerk --~?j~7~¢U (Corporate Seal) !S:\CA\0rdinances\Planning~Rezoning\Rezonin9 - Arbolata.doc Location Map ARBOLATA PUD , -~ z HUNTERS~~~' N