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04-023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE NO. 04- O~ 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF D.R.HORTON HOMES, AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING A PARCEL OF LAND CONSISTING OF A APPROXIMATELY 18.32 ACRES AND MORE PARTICULARLY DESCRIBED HEREIN, FROM AG- AGRICULTURE 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 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, D.R. Horton Homes, owner of the property more particularly described hereinafter, and known as Anderson PUD (LUAR 03-006), has heretofore filed a Petition, through his agent, Julian Bryan & Associates, 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 tract of land consisting of approximately 18.32 acres, said land being more particularly described hereinafter, from AG-Agriculture to PUD-Planned Unit Development; and WHEREAS, the City Commission conducted a public heating 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 S:\CA\OrdinanceskPlanningLRezoningLRezoning - Anderson PUD.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 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 TItE CITY COMMISSION OF TItE 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: The East 643.18 feet, as measured at right angles to the East Line thereof, of Tracts 9 and 16, Northeast One-Quarter (NE %) of Section 12, as shown on the AMENDED PLAT OF SECTION 12, TOWHSH]P 45 SOUTH, RANGE 42 EAST, MARY A. LYMAN ET AL, as recorded in Plat Book 9, at page 74, in and for the Public Records of Palm Beach County, Florida: Said lands contain 18.3194 Acres, or 797,995 square feet more or less. be and the same is hereby rezoned from AG-Agriculture to PUD-Planned Unit Development. A location 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 accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are S:\CA\Ordinances'~Planning\RezoningkRezoning - Anderson PUD.doc 2 3 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 hereby repealed. Section 6: Should any section or provision of this Ordinance or any portion !hereof 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 7 day of ~ t3 f'~ I ,2004. SECOND, FINAL READING and PASSAGE this ~ day of [3} Dr; [ ! ,2004. CITY OF BOYNTON BEACH, FLORIDA Commis siouX- <-.-:-~.~ ATTEST: (Corporate Seal) S:\CA\OrdinancesXPlanning\RezoningLRezoning - Anderson PUD.doc 1 in. = 765.6 feet I' NIC ANDERSON PUD EXHIBIT "A"